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THE  LIBRARY 

OF 

THE  UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


CONSTITUTION 


OF   THE 


COMMONWEALTH 


OF 


SOUTH  CAROLINA, 


RATIFIED  APRIL  16,  1868. 


TOGETHER  WITH  THE 


CONSTITUTION 

OF  THE 

United  States  of  America. 


Printed  by  order  of  the  Senate  of  South  Carolina. 


COLUMBIA,  S.  C. 

Charles  A.  Calvo,  Jr.,  State  Printer. 

1883. 


Tills  is  to  certify  that  this  Constitution  was  adopted 
by  a  majority  of  votes  by  the  Constitutional  Conven- 
tion of  the  State  of  South  Carolina  assembled  under 
the  Reconstruction  Acts  of  Congress,  and  which  was 
held  at  Charleston,  beginning  on  the  fourteenth  day  of 
January  and  ending  on  the  seventeenth  day  of  March, 
in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  sixty-eight,  and  in  the  ninety-second  year  of  the 
sovereignty  and  independence  of  the  United  States  of 
America,  and  was  ratified  by  the  votes  of  a  majority 
of  the  qualified  electors  of  the  State  at  an  election 
which  was  holden  on  the  fourteenth,  fifteenth  and  six- 
teenth days  of  April  in  the  same  year. 


ri- 


CONSTITUTION. 


IFe,  ilie  People  of  ihe  State  of  South  Carolina^  in 
Convention  assembled^  Grateful  to  Almighty  God  for 
this  opportunity  deliberately  and  peaceably  Declaration 
of  entering  into  an  explicit  and  solemn  com-  °^  '■'^*'"'- 
pact  with  each  other,  and  forming  a  new  Constitution 
of  civil  government  for  ourselves  and  posterity,  recog- 
nizing the  necessity  of  the  protection  of  the  people  in 
all  that  pertains  to  their  freedom,  safety  and  tranquillity, 
and  imploring  the  direction  of  the  Great  Legislator  of 
the  Universe,  do  agree  upon,  ordain  and  establish  the 
following 

DECLARATION  OF  RIGHTS  AND  FORM  OF  GOVEIiNMENT 
AS  THE  CONSTITUTION  OF  THE  COMMONWEALTH  OF 
SOUTH  CAROLINA. 

ARTICLE  1. 

DECLAEATION    OF    EIGHTS. 

Section  1.  All  men  are  born  free  and  equal — en- 
dowed by  their  Creator  with  certain  inalien-  Equality  of 
able  rights,  among  which  are  the  rights  of  ""^"• 
enjoying  and  defending  their  lives  and  liberties,  of  ac- 
quiring, possessing  and  protecting  property,  and  of 
seeking  and  obtaining  their  safety  and  happiness. 

Section  2.   Slavery  shall  never  exist  in  this  State ; 
neither  shall  involuntary  servitude,  except  as    si,, very  pro- 
a  punishment  for  crime,  whereof  the  party  ^'''^''^^'^■ 
shall  have  been  duly  convicted. 


4  CONSTITUTION.  OF 

Section  3.  All  political  power  is  vested  in  and  de- 
Poiiticaipow- rived  from  the  people  only ;  therefore  they 

er vested  in  the   ,  ^  •     ^  n        •  tp         i       • 

people.  have  the  right,  at  all  times,  to  modiiy  their 

form  of  government  in  such  manner  as  they  may  deem 
expedient,  when  the  public  good  demands. 

Section   4.  Every  citizen   of   this   State   owes  para- 
Paramount  mouut    allegiaucc    to    the    Constitution   and 
allegiance.       Govcmment   of  thc   United    States,   and   no 
law  or  ordinance  of  this  State  in  contravention  or  sub- 
version thereof  can  have  any  binding  force. 

Section  5.   This  State  shall  ever  remain  a  member  of 

The  Union  ^^^  Amcricau  Union,  and  all  attempts,  from 

indissoluble,     whatsocvcr  sourcc,  or  upon  whatever  pretext, 

to  dissolve  the  said  Union  shall  be  resisted  with  the 

whole  power  of  the  State. 

Section  6.   The  right   of  the   people   peaceably   to 
Right  of  pe-  assemble   to   consult  for  the  common  good, 

tition  and  dis-  -.  •    •  i        /-^  -i 

cussion.  and  to  petition  the  (jrovernment,  or  any  de- 

partment thereof,  shall  nevpr  be  abridged. 

Section  7.  All  persons  may  freely  sj)eak,  write  and 

Freedom  of  publish  thcir  sciitiments  on  any  subject, 
the  pres.s.  bclug  rcsponsiblc  for  the  abuse  of  that  right ; 
and  no  laws  shall  be  enacted  to  restrain  or  abridge  the 
liberty  of  speech  or  of  the  press. 

Section  8.  In  prosecutions  for  the  publication  of 
Trials foriibei.  papcTS  investigating  the  official  conduct  of 
officers  or  men  in  public  capacity,  or  when  the  matter 
published  is  proper  for  public  information,  the  truth 
thereof  may  be  given  in  evidence;  and  in  all  indict- 
ments for  libel,  the  jury  shall  be  the  judges  of  the  law 
and  the  facts. 

Section  9.  No  person  shall  be  deprived  of  the  right 
Freedom  of  ^o  woTsMp  God  accordlug  to  the  dictates  of 
conscience.  }jjg  Q^y^^  conscieiicc  I  Proviclecl^  That  the  lib- 
erty of   conscience  hereby   declared  shall  not  justify 


SOUTH  CAROLINA.  5 

practices  inconsistent  with  the  peace  and  moral  safety 
of  society. 

Section  10.  No  form  of  rehgion  shall  be  established 
by  law;    but  it  shall   be   the   duty  of   the     Religious 
General  Assembly  to   pass  suitable  laws  to  tected. 
protect  every  religious  denomination  in   the   peaceable 
enjoyment  of  its  own  mode  of  worship. 

Section  11.   The  right  of  trial  by  jury  shall  remain 

inviolate.  Xnalbyjury. 

Section  12.  No  person  shall  be  disqualified  as  a  wit- 
ness, or  be  prevented  from  acquiring,  hold-  Personal  rights 
ing  and  transmitting  property,  or  be  hindered  in  ac- 
quiring education,  or  be  liable  to  any  other  punish- 
ment for  any  offense,  or  be  subjected  in  law  to  any 
other  restraints  or  disqualifications,  in  regard  to  any 
personal  rights,  than  such  as  are  laid  upon  others  under 
like  circumstances. 

Section  13.  No  person  shall  be  held  to  answer  for 
any  crime  or  offense  until  the  same  is  fully.  Right?  of  ac- 
fairly,  plainly,  substantially  and  formally  de-  cused  persons. 
scribed  to  him;  or  be  compelled  to  accuse  or  furnish 
evidence  against  himself;  and  every  person  shall  have 
a  right  to  produce  all  proofs  that  may  be  favorable  to 
him,  to  meet  the  witnesses  against  him  face  to  face,  to 
have  a  speedy  and  public  trial  by  an  impartial  jury, 
and  to  be  fully  heard  in  his  defense  by  himself  or  by 
his  counsel,  or  by  both,  as  he  may  elect. 

Section  14.  No  person  shall  be  arrested,  imprisoned, 
despoiled  or  disopssessed  of  his  property,  im-    ^^  post  facto 

.    .  .      rf  n      ^  ^'''^^^        prohib- 

munities  or  privileges,  put  out  oi  the  protec-  ited. 
tion  of  the  law,  exiled  or  deprived  of  his  life,  liberty 
or  estate,  but  by  the  judgment  of  his  peers  or  the  law 
of  the  land.  And  the  General  Assembly  shall  not 
enact  any  law  that  shall  subject  any  person  to  punish- 
ment without  trial  by  jury ;  nor  shall  he  be  punished 


6  ■      CONSTITUTION  OF 

but  by  virtue  of  a  law  already  established,  or  promul- 
gated prior  to  the  offense,  and  legally  applied. 

Section  15.  All  Courts  shall  be  public,  and  every 
Publicity  person,  for  any  injury  that  he  may  receive  in 
of  Courts.  }jjg  lands,  goods,  person  or  reputation,  shall 
have  remedy  by  due  course  of  law,  and  justice  admin- 
istered without  unnecessary  delay. 

Section  16.  All  persons  shall,  before  conviction,  be 
Right  of  bail,  bailable  by  sufficient  sureties,  except  for  capi- 
tal offenses  when  the  proof  is  evident  or  the  presump- 
tion great ;  and  excessive  bail  shall  not,  in  any  case,  be 
required,  nor  corporal  punishment  inflicted. 

Section  17.   The  privilege  of  the  writ  of  habeas  cor- 

Haheas    cor-  P^^    ^^^^^     ^'^^^  ^®   SUSpCudcd,    CXCCpt  whcU,    lu 

*"*•  case  of  insurrection,  rebellion  or  invasion,  the 

public  safety  may  require  it. 

Section    18.    No   person,    after   having   been   once 
N  o  t  triable  acqulttcd  by  a  jury,  shall  again,  for  the  same 

twice    for    the       _^  ,  .  .  -,  p    i   •        Ti? 

same  offense,  offensc,  bc  put  lu  jcopardy  01  Qis  liie  or 
liberty. 

Section  19.  All  offenses  less  than  felony,  and  in 
Punishments,  wliicli  thc  punishmcnt  does  not  exceed  a  fine 
of  one  hundred  dollars,  or  imprisonment  for  thii'ty 
days,  shall  be  tried  summarily  before  a  Justice  of  the 
Peace,  or  other  officer  authorized  by  law,  on  informa- 
tion under  oath,  without  indictment  or  intervention  of 
a  Grand  Jury,  saving  to  the  defendant  the  right  of 
appeal ;  and  no  person  shall  be  held  to  answer  for  any 
higher  crime  or  offense  unless  on  presentrnent  of  a 
Grand  Jury,  except  in  cases  arising  in  the  land  and 
naval  service,  or  in  the  militia  when  in  actual  service  in 
time  of  war  or  public  danger. 

Section  20.  No  person  shall  be  imprisoned  for  debt, 

Imprison-  Gxcept  lu   cascs  of  fraud ;  and  a  reasonable 

ment  for  debt,  auiouut  of  property,  as  a  homestead,  shall  be 


SOUTH  CAROLINA.  7 

exempted  from  seizure  or  sale  for  the  payment  of  any 
debts  or  liabilities,  except  for  the  payment  of  such 
obligations  as  are  provided  for  in  this  Constitution. 

Section  21.  No  bill  of  attainder,  ex  post  facto  law, 
nor  any  law  impairing  the  obligation  of  con-    obligation  of 
tracts,  shall  ever  be  enacted ;  and  no  convic-  «"nf=icts. 
tion  shall  work  corruption  of  blood  or  forfeiture   of 
estate. 

Section  22.  All  persons  have  a  right  to  be  secure 
from  unreasonable  searches  or  seizures  of  their  Right  of 
persons,  houses,  papers  or  possessions.  All  search. 
warrants  shall  be  supported  by  oath  or  affirmation,  and 
the  order  of  the  warrant  to  a  civil  officer  to  make  search 
or  seizure  in  suspected  places,  or  to  arrest  one  or  more 
suspected  persons,  or  to  seize  their  property,  shall  be 
accompanied  with  a  special  designation  of  the  persons 
or  objects  of  search,  arrest  or  seizure ;  and  no  warrant 
shall  be  issued  but  in  the  cases  and  with  the  formalities 
prescribed  by  the  laws. 

Section  23.  Private  property  shall  not  be  taken  or 
applied  for  public  use,  or  for  the  use  of  cor-  Right  of  way. 
porations,  or  for  private  use,  without  the  consent  of  the 
owner  or  a  just  compensation  being  made  therefor : 
Provided^  lioweve)\  That  laws  maybe  made  securing  to 
persons  or  corporations  the  right  of  way  over  the  lands 
of  either  persons  or  corporations,  and,  for  works  of 
internal  improvement,  the  right  to  establish  depots, 
stations,  turnouts,  etc.;  but  a  just  compensation  shall, 
in  all  cases,  be  first  made  to  the  owner. 

Section  24.  The  power  of  suspending  the  laws,  or 
the  execution  of  the  laws,  shall  never  be  exer-  suspension  of 
cised  but  by  the  General  Assembly,  or  by  '"''''• 
authority  derived  therefrom,  to  be  exercised  in  such 
particular  cases  only  as  the  General  Assembly  shall 
expressly  provide  for. 


8  CONSTITUTION  OF 

Section  25.  No  person  shall,  in  any  case,  be  subject 
Martial  law.  to  martial  law,  or  to  any  pains  or  penalties  by 
virtue  of  that  law,  except  those  employed  in  the  army 
or  navy  of  the  United  States,  and  except  the  militia  in 
actual  service,  but  by  authority  of  the  General  Assem- 
bly. 

Section  26.  In  the  government  of  this  Common- 
Departments  wealth,  the  Legislative,  Executive  and  Judi- 

of  Government      .,  n      t         r^  i      n   i         f 

distinct.  cial  powers  oi  the  (jovernment  shall  be  for- 

ever separate  and  distinct  from  each  other,  and  no  per- 
son or  persons  exercising  the  functions  of  one  of  said 
departments  shall  assume  or  discharge  the  duties  of  any 
other. 

Section  27.  The  General  Assembly  ought  frequently 
Redress  of  ^o  asscmblc  for  thc  redress  of  grievances,  and 
grievances.      f^j.  jx^aking  ucw  laws,  as  the  common  good 
may  require. 

Section  28.  The  people  have  a  right  to  keep  arid 
Right  to  bear  ^^^^  amis  for  thc  common  defense.     As  in 


arms. 


times  of  peace  armies  are  dangerous  to 
liberty,  they  ought  not  to  be  maintained  without  the 
consent  of  the  General  Assembly.  The  military  power 
ought  always  to  be  held  in  an  exact  subordination  to 
the  civil  authority  and  be  governed  by  it. ' 

Section  29.  In  time  of  peace   no  soldier   shall   be 

Quartering  of  quartcrcd  lu  any  house  without  the  consent 

soldiers.  Qf  i\^Q    owner ;    and    in  time   of  war  such 

quarters  shall  not  be  made  but  in  a  manner  prescribed 

by  law. 

Section  30.  No  person  who  conscientiously  scruples 
Non-combat'  ^o  bcar  amis  shall  be  compelled  so  to  do,  but 
ants.  }jg  shall  pay  an  equivalent  for  personal  ser- 

vice. 


SOUTH  CAROLINA.  9 

Section  31.   All  elections  shall  be  free  and  open,  and 
every  inhabitant  of  this  Commonwealth  pos-     Freedom  o  f 
sessing  the  qunlili editions  provided  for  in  this  t^iections. 
Constitution   shall  have  an  equal  right  to  elect  officers 
and  be  elected  to  fill  public  office. 

Section  32.  No  property  qualification  shall  be  neces- 
sary for  an  election  to  or  the  holding  of  any  Property 
office,  and  no  office  shall  be  created  the  ap-  quaiifif^t'on- 
pointment  to  which  shall  be  for  a  longer  time  than  good 
behavior.  After  the  adoption  of  this  Constitution,  any 
person  who  shall  fight  a  duel,  or  send  or  accept  a  chal- 
lenge for  that  purpose,  or  be  an  aider  or  oueiisu  ais- 
abettor  in  fighting  a  duel,  shall  be  deprived  <i"aiified. 
of  holding  any  office  of  honor  or  trust  in  this  State, 
and  shall  be  otherwise  punished  as  the  law  shall  pre- 
scribe. 

Section  33.   The  right  of  suffi*age  shall  be  protected 
by  laws  regulating  elections,  and  prohibiting,  rj^jj^  ^f  g^f, 
under  adequate  penalties,  all  undue  influences  ^'■'■'^^• 
from  power,  bribery,  tumult  or  improper  conduct. 

Section  34.   Representation  shall  be  apportioned   ac- 
cording to  population,  and  no  person  in  this       Apportion- 
State  shall    be  disfranchised  or  deprived  of  sentation. 
any  of  the  rights  or  privileges  now  enjoyed,  except  by 
the  law  of  the  land  or  the  judgment  of  his  peers. 

Section  35.   Temporary  absence  from  the  State  shall 
not  forfeit  a  residence  once  obtained.  reSSle'!"  °^ 

Section  36.  All  property  subject  to  taxation  shall  be 
taxed  in  proportion  to  its  value.  Each  indi-  Taxation  of 
vidual  of  society  has  a  right  to  be  protected  property, 
in  the  enjoyment  of  life,  liberty  and  property,  accord- 
ing to  standing  laws.  He  should,  therefore,  contribute 
his  share  to  the  expense  of  his  protection,  and  give  his 
personal  service  when  necessary. 


10  CONSTITUTION  OF 

Section  37.  No  subsidy,  charge,  impost,  tax  or  duties 
Imposts,  taxes  shall  be  established,  fixed,  laid  or  levied, 
or  duties.  under  any  pretext  whatsoever,  without  the 
consent  of  the  people,  or  their  representatives  lawfully 
assembled. 

Section  38.  Excessive   fines  shall   not  be   imposed. 

Excessive  1^01'  crucl   aud  unusual  punishment  inflicted, 

fines.  j^Qj.  g}^^ii  witnesses  be  unreasonably  detained. 

Section  39.  No  title  of  nobility  or  hereditary  emolu- 
ment shall  ever  be  wanted  in  this  State.     Dis- 

Titles  of  no-  '=' 

biiity  and  dis-  tiuctioii  Oil  accouut  of  racc  or  color,  m  any 
ra"e  or" color  casc  whatcvcT,  shall  be  prohibited,  and  all 
prohibited.  classes  of  citizens  shall  enjoy  equally  all  com- 
mon, public,  legal  and  political  privileges. 

Section  40.  All  navigable  waters  shall  remain  forever 
Freedom  of  public  highways,  free  to  the  citizens  of  the 
wa^tJrs.^''     ^  State   and   the  United   States,  without  tax, 
impost   or   toll  imposed;     and  no  tax,  toll,  impost  or 
wharfage  shall  be  imposed,  demanded  or  received  from 
the  owner  of  any   merchandise  or   commodity,  for  the 
use  of  the  shores,  or  any  wharf  erected  on  the  shores, 
or  in  or  over  the  waters  of  any  navigable  stream,  un- 
less the  same  be  authorized  by  the  General  Assembly. 
Section  41.   The  enumeration  of  rights  in  this  Con- 
Reserved  stitution  shall  iiot  bc  coustrucd  to  impair  or 
rights.  deny  others  retained  by  the  people,  and  all 

powers  not  herein  delegated  remain  with  the  people. 

ARTICLE  2. 

legislative  department. 

Section  1.  The  legislative  power  of  this  State  shall 
Legislature,  be  vcstcd  ill  two  distiuct  brauclics,  the  one 
to  be  styled  the  ''Senate,"  and  the  other  the  "House 


SOUTH  CAROLINA.  11 

of  Hepreseiitatives,"  and  both  together  the  ''General 
Assembly  of  the  State  of  South  Carolina." 

S'ection  2.   The    House  of  Representatives  shall   be 
composed  of  members  chosen  by  ballot  every     Re„resenta- 
second   year,   by    the    citizens  of  this    State,  ^'''''''• 
qualified  as  in  this  Constitution  is  provided. 

Section  3.  The  Judicial  Districts  shall  hereafter  be 
designated  as  Counties,  and  the  boundaries  of  j„ji,.i,,i  dis- 
the  several  Counties  shall  remain  as  they  are  ^"'''*'- 
now  established,  except  the  County  of  Pickens,  which 
is  hereby  divided  into  two  Counties,  by  a  line  leaving 
the  Southern  boundary  of  the  State  of  North  Carolina 
where  the  White  Water'"'"  River  enters  this  State,  and 
thence  down  the  centre  of  said  river,  by  whatever 
names  known,  to  Ravenel's  Bridge,  on  Seneca  River, 
and  thence  along  the  centre  of  the  road  leading  to  Pen- 
dleton Village,  until  it  intersects  the  line  of  the  County 
of  Anderson ;  and  the  territory  lying  East  of  said  line 
shall  be  known  as  the  County  of  Pickens;  and  the  ter- 
ritory lying  West  of  said  line  shall  be  known  as  the 
County  of  Oconee  :  Provided.,  That  the  General  Assem- 
bly shall  have  the  power  at  any  time  to  organize  new 
Counties  by  changing  the  boundaries  of  any  of  the  old 
ones ;  but  no  new  County  shall  be  hereafter  formed  of 
less  extent  than  six  hundred  and  twenty-five  square  miles, 
nor  shall  any  existing  Counties  be  reduced  to  a  less 
extent  than  six  hundred  and  twenty-five  square  miles. 
Each  County  shall  constitute  one  Election  District. 

Section  4.  The  House  of  Representatives  shall  con- 
sist of  one  hundred  and    twenty-four    mem-      Apportion- 

b,        T  ,•  T  ,1  1    iiient  of  repre- 

ers,  to   be  apportioned  among   the   several  sentation. 

Counties  according  to  the  number  of  inhabitants  con- 
tained in  each.  An  enumeration  of  the  inhabitants,  for  this 
purpose,  shall  be  made  in  eighteen  hundred  and  sixty- 

*Amended ;  see  page  52. 


12  CONSTITUTION  OF 

nine,  and  a^ain  in  eighteen  hundred  and  seventy-five, 
and  shall  be  made  in  the  course  of  every  tenth  year 
thereafter,  in  such  manner  as  shall  be  by  law  directed ; 
and  Representatives  shall  be  assigned  to  the  different 
Counties  in  the  above  mentioned  proportion,  by  Act  of 
the  General  Assembly,  at  the  session  immediately  suc- 
ceeding every  enumeration:  Provided^  That  until  the 
apportionment  which  shall  be  made  upon  the  next 
enumeration  shall  take  effect,  the  representation  of  the 
several  Counties,  as  herein  constituted,  shall  be  as  fol- 
lows: 

Abbeville,   five;    Anderson,    three;     Barnwell,    six 
Beaufort,  seven;   Charleston,  eighteen;    Chester,  three 
Clarendon,    two ;      Colleton,    five ;     Chesterfield,    two 
Darlington,  four ;    Edgefield,  seven ;    Fairfield,  three 
Georgetown,    three;     Greenville,    four;     Horry,    two 
Kershaw,  three ;  Lancaster,  two ;    Laurens,  four ;    Lex- 
ington, two;  Marion,  four;  Marlboro,  two;   Newberry, 
three ;   Oconee,  two ;   Orangeburg,  five  ;    Pickens,  one ; 
Richland,    four ;     Spartanburg,    four ;     Sumter,    four ; 
Union,  three;  Williamsburg,  three;  York,  four.  ' 
Section  5.   If  the   enumeration  herein  directed  shall 
Duty  of  Guv-  not  be  made  in  the  course  of  the  year  ap- 

crnor   {is    to 

enumeration,  poiutcd  for  tlic  purposc,  it  shall  bc  thc  duty 
of  the  Governor  to  have  it  effected  as  soon  thereafter 
as  shall  be  practicable. 

Section  6.  In  assigning  Representatives  to  the  sev- 
Assignment  eral  Couutics,    tlic    Gcucral  Assembly  shall 

of  Representii-      ,,  -^^  ■     ,•  ,  ^ 

tives.  allow  one  Representative  to  every   one   hun- 

dred and  twenty-fourth  part  of  the  whole  number  of 
inhabitants  in  the  State :  Provided^  That  if  in  the 
apportionment  of  Representatives  any  County  shall  ap- 
pear not  to  be  entitled,  from  its  population,  to  a  Repre- 
sentative, such  County  shall,  nevertheless,  send  one 
Representative ;  and  if  there  be  still  a  deficiency  of  the 


SOUTH  CAROLINA.  13 

number  of  Representatives  required  by  Section  fourth 
of  this  Article,  such  deficiency  shall  be  supplied  by 
assigning  Representatives  to  those  Counties  having  the 
largest  surplus  fractions, . 

Section  7.  No  apportionment  of  Representatives  shall 
be  construed  to  take   effect  in   any  manner    whcntotnke 
until  the  general  election  which  shall  succeed  '^'^*"''*- 
such  apportionment. 

Section  8.  The  Senate  shall  be  composed  of  one 
member  from  each  County,  to  be  elected  for  senators. 
the  term  of  four  years  by  the  qualified  voters  of  the 
State,  in  the  same  manner  in  which  members  of  the 
House  of  Representatives  are  chosen,  except  the  County 
of  Charleston,  which  shall  be  allowed  two  Senators. 

Section  9.  Upon  the  meeting  of  the  first  General 
Assembly  which  shall  be  chosen  under  the  xwocinsses. 
provisions  of  this  Constitution,  the  Senators  shall  be 
divided  by  lot  into  two  classes,  as  nearly  equal  as  may 
be ;  the  seats  of  the  Senators  of  the  first  class  to  be 
vacated  at  the  expiration  of  two  years  after  the  Mon- 
day following  the  general  election,  and  of  those  of  the 
second  class  at  the  expiration  of  four  years,  so  that, 
except  as  above  provided,  one-half  of  the  Senators 
may  be  chosen  every  second  year. 

Section  10.  No  person  shall  be  eligible  to  a  seat  in 
the  Senate  or  House  of  Representatives  who  ki  1-11,11  i,y. 
at  the  time  of  his  election  is  not  a  citizen  of  the  United 
States ;  nor  any  one  who  has  not  been  for  one  year 
next  preceding  his  election  a  resident  of  this  State  and 
for  three  months  next  preceding  his  election  a  resident 
of  the  County  whence  he  may  be  chosen  ;  nor  any  one 
who  has  been  convicted  of  an  infamous  crime.  Sen- 
ators shall  be  at  least  twenty-five  and  Representatives 
at  least  twenty-one  years  of  age. 


14  CONSTITUTION  OF 

Section  II.   The  first  election  for  Senators  and  Rep- 
Timeofeiec-  resentativcs  under  the  provisions  of  this  Con- 
^'°"-  stitution  shall   be    held    on    the    fourteenth, 

fifteenth  and  sixteenth  days  of  April  of  the  present 
year,  and  the  second  election  shall  be  held  on  the  third 
Wednesday  in  October,  eighteen  hundred  and  seventy  ; 
and  forever  thereafter  on  the  same  day  in  every  sec- 
ond year,  in  such  manner  and  at  such  places  as  the 
General  Asseml:)ly  may  hereafter  provide." 

Section  12.  The  first  session  of  the  General  Assem- 
Meetings  of  ^b^  aftcr  thc  ratification  of  this  Constitution 
Legisiniure.  shall  bc  couvcued  on  the  second  Tuesday  of 
May  of  the  present  year,  in  the  City  of  Columbia, 
(which  shall  remain  the  seat  of  government  until 
otherwise  determined  by  the  concurrence  of  two-thirds 
of  both  branches  of  the  whole  representation,)  and 
thereafter  on  the  fourth  Tuesday  in  November  an- 
nually. Should  the  casualties  of  war  or  contagious  dis- 
eases render  it  unsafe  to  meet  at  the  seat  of  govern- 
ment, then  the  Governor  may,  by  proclamation,  appoint 
a  more  secure  and  convenient  place  of  meeting. 

Section  13.   The  terms  of  office  of  the  Senators  and 

Term  of  I^^pi'^seutatives  clioscu  at  a  general  election 
"f^*^®-  shall  begin  on   the  Monday  following  such 

election. 

Section  14.  Each  house  shall  judge  of  the  election 
Quorui.i.  returns  and  qualifications  of  its  own  mem- 
bers, and  a  majority  of  each  house  shall  constitute  a 
quorum  to  do  business ;  but  a  smaller  number  may 
adjourn  from  day  to  day  and  may  compel  the  attend- 
ance of  absent  members,  in  such  manner  and  under 
* 

such  penalties  as  may  be  provided  by  law. 

Section  15.  Each  house  shall  choose  its  own  officers, 
Officers.  determine  its  rules  of  proceeding,  punish  its 

^Amended;  see  pages  51  and  54. 


SOUTH  CAROLINA.  15 

members  for  disorderly  behavior,  and,  with  the  con- 
currence of  two-thirds,  expel  a  member,  but  not  a 
second  time  for  the  same  cause.  , 

Section  16.  Each  house  may  punish  by  imprison- 
ment, during  its  sitting,  any  person  not  a  R'kIu  to  ur- 
member  who  shall  be  guilty  oi  disrespect  to  ish. 
the  house  by  any  disorderly  or  contemptuous  be- 
havior in  its  presence,  or  who,  during  the  time  of  its 
sitting,  shall  threaten  harm  to  body  or  estate  of  any 
member  for  anything  said  or  done  in  either  house,  or  who 
shall  assault  any  of  them  therefor,  or  who  shall  assault 
or  arrest  any  witness  or  other  person  ordered  to  attend 
the  house,  in  his  going  thereto  or  returning  therefrom, 
or  who  shall  rescue  any  person  arrested  by  order  of 
the  house  :  Provided^  That  such  time  of  imprisonment 
shall  not  in  any  case  extend  beyond  the  session  of  the 
General  Assembly. 

Section  17.  The  members  of  both  houses  shall  be 
protected  in  their  persons  and  estates  during  privileges  of 
their  attendance  on,  going  to  and  returning  ^e'^'^eis. 
from  the  General  Assembly,  and  ten  days  previous  to 
the  sitting  and  ten  days  after  the  adjournment  thereof 
But  these  privileges  shall  not  be  extended  so  as  to 
protect  any  member  who  shall  be  charged  with  trea- 
son, felony  or  breach  of  the  peace. 

Section  18.  Bills  for  raising  a  revenue  shall  originate 
in  the  House  of  Representatives,  but  may  be  Revenue  biiis. 
altered,  amended  or  rejected  by  the  Senate;  and  all 
other  Bills  may  originate  in  either  House,  and  may  be 
amended,  altered  or  rejected  by  the  other. 

Section  19.  The  style  of  all  laws  shall  be:  "Be  it 
enacted  by  the  Senate  and  House  of  Repre-  style  of  laws, 
sentatives  of  the  State  of  South  Carolina,  noAv  met  and 
sitting  in  General  Assembly,  and  by  the  authority  of 
the  same." 


16  CONSTITUTION  OF 

Section  20.  Every  Act  or  Resolution  having  the 
But  one  sub-  foice  of  law  shall  relate  to  but  one  subject, 
^^'^^-  and  that  shall  be  expressed  in  the  title. 

Section  21.  No  Bill  shall  have  the  force  of  law  until 
Must  be  read  ^^  shall  liave  been  read  three  times,  and  on 
three  times,  tlirce  sevcrpJ  dajs,  in  each  house,  has  had 
the  Great  Seal  of  State  affixed  to  it,  and  has  been 
signed  in  the  Senate  House  by  the  President  of  the 
Senate  and  the  Speaker  of  the  House  of  Representa- 
tives. 

Section  22.  No  money  shall  be  drawn  from  the  Trea- 
Draftsonthe  sury  but  ill  pursuaucc  of  an  appropriation 
Treasury.  madc  by  hiw ;  and  a  regular  statement  and 
account  of  the  receipts  and  expenditures  of  all  public 
moneys  shall  be  published  annually,  in  such  manner  as 
may  be  by  law  directed. 

Section  23.  Each  member  of  the  first  General  As- 
Payofmem-  seiiibly  uiidcr  this  Constitution  shall  receive 
^^^^-  six  dollars  per  diem  while  in  session,  and  the 

further  sum  of  twenty  cents  for  every  mile  of  the  ordi- 
nary route  of  travel  in  going  to  and  returning  from  the 
place  where  such  session  is  held,  after  which  they  shall 
receive  such  compensation  as  shall  be  fixed  by  law  ;  but 
no  General  Assembly  shall  have  the  power  to  increase 
the  compensation  of  its  own  members.  And  when 
convened  in  extra  session  they  shall  receive  the  same 
mileage  and  per  diem  compensation  as  are  fixed  by  law 
for  the  regular  session,  and  none  other. 

Section  24.   In  all  elections  by  the  General  Assem- 

Votes  viva  ^^b''  o^'  either  house  thereof,  the  members 
""'"'■  shall  vote   ''  viva  voce,"  and  their  votes,  thus 

given,  shall  be  entered  upon  the  Journal  of  the  house 
to  which  they  respectively  belong. 


SOUTH  CAROLINA.  17 

Section  25.  Neither  house,  during  the  session  of  the 
General  Assembly,  shall,  without  the  consent  Adjournments, 
of  the  other,  adjourn  for  more  than  three  days,  nor  to 
any  other  place  than  that  in  which  the  Assembly  shall 
be  at  the  time  sitting. 

Section  26.  Each  house  shall  keep  a  Journal  of  its 
own  proceedings,  and  cause  the  same  to  be  Journals, 
published  immediately  after  its  adjournment,  excepting 
such  parts  as  in  its  judgment  may  require  secrecy ;  and 
the  yeas  and  nays  of  the  members  of  either  house,  on 
any  question,  shall,  at  the  desire  of  any  two  members 
present,  be  entered  on  the  Journals.  Any  member 
of  either  house  shall  have  liberty  to  dissent  Protests. 
from,  and  protest  against,  any  Act  or  Resolution  which 
he  may  think  injurious  to  the  public  or  to  an  individual, 
and  have  the  reasons  of  his  dissent  entered  on  the 
Journals. 

Section  27.  The  doors  of  each  house  shall  be  open, 
except  on  such  occasions  as  in  the  opinion  of  open  doors. 
the  house  may  require  secrecy. 

Section  28.  No  person  shall  be  eligible  to  a  seat  in 
the  General  Assembly  whilst  he  holds  any  ineligibility. 
office  of  profit  or  trust  under  this  State,  the  United 
States  of  America,  or  any  of  them,  or  under  any  other 
power,  except  officers  in  the  militia.  Magistrates,  or 
Justices  of  Inferior  Courts,  while  such  Justices  receive 
no  salary.  And  if  any  member  shall  accept  or  exercise 
any  of  die  said  disqualifying  offices,  he  shall  vacate  his 
seat:  Provided,  That  this  prohibition  shall  not' extend 
to  the  members  of  the  first  General  Assembly. 

Section  29.  If  any  election  district  shall  neglect  to 
choose  a  member  or  members  on  the  day  of     ^  . 

.  _  "^  r  allure      to 

election,  or  if  any  person  chosen  a  member  elect. 
of  either  house  shall  refuse  to  qualify   and  '  Refusal  to 
take  his  seat,  or  shall  resign,  die,  depart  the  i"''i'if>- 
3 


18  CONSTITUTION  OF 

State,  accept  any  disqualifying  office,  or  become  other- 
writsofeiee-  "^^i^c  disqualified  to  hold  liis  seat,  a  writ  of 
*'°"-  election  shall  be  issued  by  the  President  of 

the  Senate,  or  Speaker  of  the  House  of  Hepresentatives, 
as  the  case  may  be,  for  the  purpose  of  filling  the 
vacancy  thereby  occasioned,  for  the  remainder  of  the 
term  for  which  the  person  so  refusing  to  qualify,  resign- 
ing, dying,  departing  the  State,  or  becoming  disquali- 
fied, was  elected  to  serve,  or  the  defaulting  election 
district  ought  to  have  chosen  a  member  or  members. 

Section  30.  Members  of  the  General  Assembly,  and 
all  officers,  before  they  enter  upon  the  execution  of  the 
duties  of  their  respective  offices,  and  all  members  of 
the  bar,  before  they  enter  upon  the  practice  of  their 
profession,  shall  take  and  subscribe  the  following  oath : 

"  I  do  solemnly  swear  (or  affirm,  as  the  case  may  be,) 
Oath  of  office,  that  I  am  duly  qualified,  according  to  the 
Constitution  of  the  United  States  aild  of  this  State,  to 
exercise  the  duties  of  the  office  to  which  I  have  been 
elected,  (or  appointed,)  and  that  I  will  faithfully  dis- 
charge, to  the  best  of  my  abilities,  the  duties  thereof; 
that  I  recognize  the  supremacy  of  the  Constitution  and 
laws  of  the  United  States  over  the  Constitution  and 
laws  of  any  State ;  and  that  I  will  support,  protect  and 
defend  the  Constitution  of  the  United  States,  and  the 
Constitution  of  South  Carolina,  as  ratified  by  the  people 
on  the  sixteenth  day  of  April,  1868.  So  help  me 
God."  (And  the  President  of  this  Convention  is 
authorized  to  fill  the  blanks  in  this  Section  whenever 
he  shall  receive  satisfactory  information  of  the  day  on 
which  this  Constitution  shall  be  ratified.) 

Section  31.   Officers  shall  be  removed  for  incapacity, 

Cause  of  re-  mlscouduct  or  ucglcct  of  duty,  in  such  man- 

movai.         •  ^-^QY  g^g  -j^^j  |-)g  provided  by  law,  when  no 


SOUTH  CAROLINA.  19 

mode  of  trial  or  removal  is  provided  in  this  Constitu- 
tion. 

Section  32.  The  family  homestead  of  the  head  of 
each  family  residing  in  this  State,  such  home-  ^hc  home- 
stead consisting  of  dwelling  house,  out-build-  ''''''"'• 
ings  and  lands  appurtenant,  not  to  exceed  the  value  of 
one  thousand  dollars  and  yearly  product  thereof,  shall 
be  exempt  from  attachment,  levy  or  sale  on  any  mesne 
or  final  process  issued  from  any  Court.  To  secure  the 
full  enjoyment  of  said  homestead  exemption  to  the 
person  entitled  thereto,  or  to  the  head  of  any  family,  the 
personal  property  of  such  person,  of  the  following 
character,  to  wit,  household  furniture,  beds  and  bed- 
ding, family  library,  arms,  carts,  wagons,  farming  im- 
plements, tools,  neat  cattle,  work  animals,  swine,  goats 
and  sheep,  not  to  exceed  in  value,  in  the  aggregate,  the 
sum  of  five  hundred  dollars,  shall  be  subject  to  like 
exemption  as  said  homestead,  and  there  shall  be  exempt, 
in  addition  thereto,  all  necessary  wearing  apparel : 
Provided.,  That  no  property  shall  be  exempt  from 
attachment,  levy  or  sale  for  taxes  or  for  payment  of 
obligations  contracted  for  the  purchase  of  said  home- 
stead or  the  erection  of  improvements  thereon  :  Pro- 
vided^ further^  That  the  yearly  products  of  said  home- 
stead shall  not  be  exempt  from  attachment,  levy  or  sale 
for  the  payment  of  obligations  contracted  in  the  pro- 
duction of  the  same.  It  shall  be  the  duty  of  the  Gene- 
ral Assembly,  at  their  first  session,  to  enforce  the  pro- 
visions of  this  Section  by  suitable  legislation."' 

Section  33.   All  taxes  upon  property,   real  or  per- 
sonal,  shall  be    laid  upon    the  actual    value  of      Assessments. 

the  property  taxed,  as  the  same  shall  be  ascertained  by 
an  assessment  made  for  the  purpose  of  laying  such  tax. 

*Amended ;  s^  page  53. 


20  CONSTITUTION  OF 

ARTICLE  3. 

EXECUTIVE  DEPARTMENT, 

Section  I.  The  supreme  Executive  authority  of  this 
The  Governor.  State  shall  be  vested  in  a  Chief  Magistrate, 
who  shall  be  styled  "  The  Governor  of  the  State  of 
South  Carolina." 

Section  2.  The  Governor  shall  be  elected  by  the 
Election  of.  elcctois  diily  qualified  to  vote  for  members 
of  the  House  of  Representatives,  and  shall  hold  his 
'  ofiice  for  two  years,  and  until  his  successor  shall  be 
chosen  and  qualified,  and  shall  be  re-eligible.  He  shall 
be  elected  at  the  first  general  election  held  under  this 
Constitution  for  members  of  the  General  Assembly  and 
at  each  general  election  thereafter,  and  shall  be  installed 
during  the  first  session  of' the  said  General  Assembly 
after  his  election,  on  such  day  as  shall  be  provided  for 
by  law.  The  other  State  officers  elect  shall  at  the  same 
time  enter  upon  the  iDcrformance  of  their  duties. 

Section  3.  No  person  shall  be  eligible  to  the  office 
Eligibility  of.  of  Governor  who  denies  the  existence  of  the 
Supreme  Being,  or  who  at  the  time  of  such  election 
has  not  attained  the  age  of  thirty  years,  and  who, 
except  at  the  first  election  under  this  Constitution, 
shall  not  have  been  a  citizen  of  the  United  States  and 
a  citizen  and  resident  of  this  State  for  two  years  next 
preceding  the  day  of  election.  No  person  while  Gov- 
ernor shall  hold  any  office  or  other  commission  (except 
in  the  militia)  under  this  State,  or  any  other  power,  at 
one  and  the  same  time. 

Section  4.  The  returns  of   every  election  of   Gov- 

Returns  of  GmOi  shall  bc  scalcd  up  by  the  Managers  of 
election.  Elcctious   iu  their  respective    Counties    and 

transmitted  by  mail  to  the  seat  of  government,  directed 
to  the  Secretary  of  State,   who   shall  deliver   them   to 


SOUTH  CAROLINA.  21 

the  Speaker  of  the   House   of  Representatives   at  the 
next  ensuing  session  of  the  General  Assembly,  and  a 
duplicate  of  said  returns  shall  be  filed  Y\'ith  the  Clerks 
of  the  Courts  of  said  Counties,   whose  duty  it  shall  be 
to  forward  to  the   Secretary  of  State  a  certified  copy 
thereof  upon  being  notified  that  the  returns  previously 
forwarded  by  mail  have  not  been  received  at  his  office. 
It  shall  be  the  duty  of  the  Secretary  of  State,  after  the 
expiration  of  seven  days  from  the  day  upon  which  the 
votes  have  been  counted,  if  the  returns  thereof  from 
any  County  have  not  been  received,  to  notify  the  Clerk 
of  the  Court  of  said  County  and  order  a  copy  of  the 
returns  filed  in   his  office  to  be  forwarded   forthwith. 
The  Secretary  of  State  shall  deliver  the  returns   to  the 
Speaker  of  the  House  of  Representatives  at  the  next 
ensuing  session  of  the   General  Assembly,  and  during 
the  first  week  of  the  session,  or  as  soon  as  the  General 
Assembly  shall  have  organized  by  the  election  of  the 
presiding  officers  of  the  two  houses,    the  Speaker  shall 
open  and  publish  them  in  the  presence  of  both  houses. 
The  person  having  the  highest  number  of  votes  shall 
be  Governor ;    but  if  two  or  more  shall  be   equal  and 
highest  in  votes,   the   General  Assembly   shall,    during 
the    same    session,   in   the   House    of   Representatives, 
choose   one   of  them   Governor  viva  voce.     Contested 
elections   for   Governor  shall    be    determined   by    the 
General  Assembly  in  such  manner  as  shall  be  prescribed 
by  law. 

Section  5.  A  Lieutenant  Governor  shall  be  chosen 
at  the  same  time,  in  the  same  manner,  con-  Lieutenant 
tinue  in   office  for  the  same  period,    and  be  'JovemorPres- 

\  iilent     of    the 

possessed  of  the  same  qualifications  as   the  sen.ite. 
Governor,    and  shall    ex   officio  be   President    of    the 
Senate. 


22  CONSTITUTION  OF 

Section  6.   The  Lieutenant  Governor,  while  presid- 
To  have  no  ^^ig  ^^^  ^hc  Senate,  shall  have  no  vote,  unless 
vote,  unless,  ic  ^]^g  Senate  be  equally  divided. 

Section  7.   The  Senate  shall   choose  a  President  pro 
Presidentp,o  teiupore^  to  act  in  the  absence  of  the  Lieu- 
temvore.  tcuaut  Govcmor,  or  when  he  shall  exercise 

the  office  of  Governor, 

Section  8.   A  member  of  the  Senate  or  of  the  House 

Vacation  of  ^f  Representatives  being  chosen  and  acting 

^*'"'*-  as  Governor  or  Lieutenant  Governor    shall 

thereupon  vacate  his  seat,  and  another  person  shall  be 

elected  in  his  stead. 

Section  9,   In  case  of  the  removal  of  the  Governor 

In  case  of  re-  from  liis  officc,  or  his  death,  resignation,  re- 
moval or  resig-  IP  in  •  1  -T  T 
nation.  moval  trom  the  btate,  or  inability  to  dis- 
charge the  powers  and  duties  of  the  said  office,  the 
same  shall  devolve  on  the  Lieutenant  Governor,  and 
the  General  Assembly,  at  its  first  session  after  the  rati- 
fication of  this  Constitution,  shall,  by  law,  provide  for 
the  case  of  removal,  death,  resignation,  or  inability, 
both  of  the  Governor  and  Lieutenant  Governor,  de- 
claring what  officer  shall  then  act  as  Governor,  and 
such  officer  shall  act  accordingly,  until  such  disability 
shall  have  been  removed,  or  a  Governor  shall  have 
been  elected. 

Section  10.   The  Governor  shall  be  Commander-in- 
commander-  Chief   of   tlic    militia    of   the   State,   except 
in-Chief.         when    they   shall  be   called  into   the  actual 
service  of  the  United  States. 

Section  II.  He  shall  have  power  to  grant  reprieves 
Reprieves  and  ^^^  pardous  after  conviction,  (except  in  cases 
pardons.  ^f  impeachment,)   in  such  manner,  on   such 

terms  and  under  such  restrictions  as  he  shall  think 
proper ;  and  he  shall  have  power  to  remit  fines  and 
forfeitures,  unless  otherwise  directed  by  law.     It  shall 


SOUTH  CAROLINA.  '23 

be  his  duty  to  report  to  the  General  Assembly,  at  the 
next  regular  session  thereafter,  all  pardons  granted  by 
him,  with  a  full  statement  of  each  case,  and  the  reasons 
moving  him  thereunto. 

Section  12.  He  shall  take  care  that  the  laws  be 
faithfully  executed,  in  mercy.  thJh.w"*'''""' 

Section  13.  The  Governor  and  Lieutenant  Governor 
shall,  at  stated  times,  receive  for  their  ser-  compensation, 
vices  a  compensation,  which  shall  be  neither  increased 
nor  diminished  during  the  period  for  which  they  shall 
have  been  elected. 

Section   14.   All   officers  in   the   Executive    Depart- 
ment shall,  when  required  by  the  Governor,      Reports  of 
give  him  information  in  writing  upon  any  officers. 
subject  relating  to  the  duties  of  their  respective  offices. 

Section  15.   The  Governor  shall,  from  time  to  time, 
give  to  the  General  Assembly  information  of  GWe  infomm- 
the  condition  of  the  vState,  and  recommend  Legislature. 
to  their  consideration  such  measures  as  he  shall  judge 
necessary  or  expedient. 

Section  16.  He  may,  on  extraordinary  occasions, 
convene  the  General  Assembly;  and  should  Extra  sessions. 
either  house  remain  without  a  quorum  for  five  days,  or 
in  case  of  disagreement  between  the  two  houses  with 
respect  to  the  time  of  adjournment,  may  adjourn  them 
to  such  time  as  he  shall  think  proper,  not  beyond  the 
time  of  the  annual  session  then  next  ensuing. 

Section  17.   He  shall  commission  all  officers  of  the 

State.  Commissions. 

Section  18.  There  shall  be  a  Seal  of  the  State,  for 
which  the  General  Assembly,  at  its  first  ses-  Seai  of  state. 
sion,  shall  provide,  and  which  shall  be  used  by  the 
Governor  officially,  and  shall  be  called  "The  Great 
Seal  of  the  State  of  South  Carolina." 


24'  CONSTITUTION  OF 

Section  19.  All   grants   and    commissions   shall   be 

•Grants.  &c.,  issuGcI  in  the  name  and  by  the  authority  of 

how  issued.      tjie  State  of  South  Carolina,  sealed  with  the 

Great  Seal,  signed  by  the  Governor,  and  countersigned 

by  the  Secretary  of  State. 

Sectioit  20.  The  Governor  and  the  Lieutenant  Gov- 
o.ith  of  office,  ernor,  before  entering  upon  the  duties  of 
their  respective  offices,  shall  take  and  subscribe  the 
oath  of  office  as  prescribed  in  Article  two,  Section 
thir-ty,  of  this  Constitution. 

Section  21.   The  Governor  shall  reside  at  the  capital 
Residence  of  of  thc  Statc ;  but  durlug  the  sittings  of  the 
Governor.        General  Assembly  he  shall  reside  where  its 
sessions  are  held,  except' in  case  of  contagion. 

Section  22.   Every  Bill  or  Joint  Resolution  which 

Bills  to  be  shall    have    passed    the    General    Assembly, 
signed.  except  on  a  question  of  adjournment,  shall, 

before  it  becomes  a  law,  be  presented  to  the  Governor, 
and,  if  he  approve,  he  shall  sign  it;  if  not,  he  shall 
Veto.  return  it,  with  his  objections,  to  the  house  in 

which  it  shall  have  originated ;  which  shall  enter  the 
objections  at  large  on  its  Journals  and  proceed  to  re- 
consider it.  If,  after  such  reconsideration,  two-thirds 
of  that  house  shall  agree  to  pass  it,  it  shall  be  sent, 
together  with  the  objections,  to  the  other  house,  by 
which  it  shall  be  reconsidered,  and,  if  approved  by 
two-thirds  of  that  house,  it  shall  have  the  same  effect 
as  if  it  had  been  signed  by  the  Governor ;  but  in  all 
such  cases  the  vote  of  both  houses  shall  be  taken  by 
yeas  and  nays,  and  the  names  of  the  persons  voting  for 
and  against  the  Bill  or  Joint  Resolution  shall  be  entered 
on  the  Journals  of  both  houses  respectively.  If  a  Bill 
or  Joint  Resolution  shall  not  be  returned  by  the  Gov- 
ernor within  three  days  after  it  shall  have  been  pre- 
sented  to   him,    Sundays   excepted,   it  shall  have  the 


SOUTH  CAROLINA.  25 

same  force  and  effect  as  if  he  had  signed  it,  unless  the 
General  Assembly,  by  their  adjournment,  prevent  its 
return,  in  which  case  it  shall  not  have  such  force  and 
effect  unless  returned  within  two  days  after  their  next 
meeting. 

Section  23.  There  shall  be  elected  by  the  qualified 
voters  of  the  State  a  Comptroller  General,  a  comptroller 
Treasurer,    and  a   Secretary   of    State,  who  General  Trea- 

'  •'  '  surer  iind  bec- 

shall  hold  their  respective  offices  for  the  term  retary  of  state. 
'' y^^     of  four""*  years,  and  whose  duties  and  comj)ensation  shall 
be  prescribed  by  law. 

ARTICLE  4. 

JUDICIAL    DEPARTMENT. 

Section  1.  The  Judicial  power  of  this  State  shall  be 
vested  in  a  Supreme  Court,  in  two  Circuit  jmru-iai  De- 
Courts,  to  wit,  a  Court  of  Common  Pleas,  P'lrf'ient. 
having  civil  jurisdiction,  and  a  Court  of  General  Ses- 
sions, with  criminal  jurisdiction  only,  in  Probate  Courts, 
and  in  Justices  of  the  Peace.  The  General  Assembly 
may  also  establish  such  municipal  and  other  inferior 
Courts  as  may  be  deemed  necessary. 

Section  2.  'The  Supreme  Court  shall  consist  of  a 
Chief  Justice  and  two  Associate  Justices,  any  supreme  Court 
two  of  whom  shall  constitute  a  quorum.  They  shall  be 
elected  by  a  joint  vote  of  the  General  Assembly  for  the 
—  term  of  six  years,  and  shall  continue  in  office  until  their 
successors  shall  be  elected  and  qualified.  They  shall 
be  so  classified  that  one  of  the  Justices  shall  go  out  of 
office  every  two  years. 

Section  3.  The  Chief  Justice  elected  under  this  Con- 
stitution shall  continue  in  office  for  six  years.  Term  of  office, 
and  the  General  Assembly,  immediately  after  the  said 

♦Amended;  see  page 52. 


26  CONSTITUTION  OF 

election,  shall  determine  which  of  the  two  Associate 
Justices  elect  shall  serve  for  the  term  of  two  years,  and 
which  for  the  term  of  four  years,  and,  having  so  deter- 
mined the  same,  it  shall  be  the  duty  of  the  Governor  to 
commission  them  accordingly. 

Section  4.  The  Supreme  Court  shall  have  appellate 
Jurisdiction,  jurisdlctiou  only  in  cases  of  Chancery,  and 
shall  constitute  a  Court  for  the  correction  of  errors  at 
law,  under  such  regulations  as  the  General  Assembly 
may  by  law  prescribe  :  Provided.,  The  said  Court  shall 
always  have  power  to  issue  writs  of  injunction,  manda- 
mus.,  quo  ivarranto.,  habeas  corpus^  and  such  other  orig- 
inal a»id  remedial  writs  as  may  be  necessary  to  give  it 
a  general  supervisory  control  over  all  other  Courts  in 
the  State. 

Section  5.  The  Supreme  Court  shall  be  held  at  least 
Sessions.  oiicc  iu  cach  year  at  the  seat  of  government, 
and  at  such  other  place  or  places  in  the  State  as  the 
General  Assembly  may  direct. 

Section  6.  No  Judge  shall  preside  on  the  trial  of  any 
Disquaiifica-  causc  lu  tlic   cvcut  of  whicli  he  may  be  in- 
tions.  terested,  or  where  either  of  the  parties  shall 

be  connected  with  him  by  affinity  or  consanguinity, 
within  such  degrees  as  may  be  prescribed  by  law,  or  in 
which  he  may  have  been  counsel  or  have  presided  in 
any  inferior  Court,  except  by  consent  of  all  the  parties. 
In  case  all  or  any  of  the  Judges  of  the  Supreme  Court 
shall  be  thus  diGqualified  from  presiding  hi  any  cause 
or  causes,  the  Court  or  the  Judges  thereof  shall  certify 
the  same  to  the  Governor  of  the  State,  and  he  shall 
immediately  commission,  specially,  the  requisite  number 
of  men  learned  in  the  law  for  the  trial  and  determina- 
tion thereof  The  same  course  shall  be  pursued  in  the 
Circuit  and  inferior  Courts  as  is  prescribed  in  this  Sec- 
tion for  cases  of  the  Supreme  Court. 


SOUTH  CAROLINA.  27 

Section  7.   There  shall  be  appointed  by  the  Judges  of 
the  Supreme  Court  a  Reporter  aiid  Clerk  of   Reporter  ..nd 
said  Court,  who  shall  hold  their  offices  for  two  ^'"''• 
years,  and  whose  duties  and  compensation  shall  be  pre- 
scribed by  law. 

Section  8.  When  a  judgment  or  decree  is  reversed 
or  affirmed  by  the  Supreme  Court,  every  jujg.nentsand 
point  made  and  distinctly  stated  in  writing  in  ^ic'='-e««- 
the  cause  and  fairly  arising  upon  the  record  of  the 
case  shall  be  considered  and  decided,  and  the  reasons 
therefor  shall  be  concisely  and  briefly  stated  in  writing 
and  preserved  with  the  records  of  the  case. 

Section  9.  The  Judges  of  the  Supreme  Court  and 
Circuit  Courts  shall,  at  stated  times,  receive  compensation. 
a  compensation  for  their  services,  to  be  fixed  by  law, 
which  shall  not  be  diminished  during  their  continuance 
in  office.  They  shall  not  be  allowed  any  fees  or  per- 
quisites of  office,  nor  shall  they  hold  any  other  office  of 
trust  or  profit  under  this  State,  the  United  States,  or 
any  other  power. 

Section  10.  No  person  shall  be  eligible  to  the  office 
of  Judge  of  the  Supreme  Court  or  Circuit  Eligibility. 
Courts  who  is  not  at  the  time  of  his  election  a  citizen 
of  the  United  States  and  has  not  attained  the  age  of 
thirty  years,  and  been  a  resident  of  this  State  for  five 
years  next  preceding  his  election,  or  from  the  adoption 
of  this  Constitution. 

Section  11.  All  vacancies  in  the  Supreme  Court  or 
other  inferior  tribunals  shall  be  filled  by  elec-  vacancies, 
tions  as  herein  prescribed:  Provided^  That  if  the  unex- 
pired term  does  not  exceed  one  year  such  vacancy  may 
be  filled  by  Executive  appointment.  All  Judges,  by 
virtue  of  their  office,  shall  be  conservators  of  the  peace 
throughout  the  State.     . 


n  -^  i\ 


28  CONSTITUTION  OF 

Section  12.  In  all  cases  decided  by  the  Supreme 
Decisions.  Court  a  concurrcDce  of  two  of  the  Judges 
shall  be  necessary  to  a  decision. 

Section  13.  The  State  shall  be  divided  into  conve- 
circuits.  nient  Circuits,  and  for  each  Circuit  a  Judge 

shall  be  elected  by  joint  ballot  of  the  General  Assembly, 
who  shall  hold  his  offtce  for  a  term  of  four  years,  and 
during  his  continuance  in  office  he  shall  reside  in  the 
Circuit  of  which  he  is  Judge. 

Section  14.  Judges  of  the  Circuit  Court  shall  inter- 
interehanging.  chaugc  Circuits  with  cacli  other  in  such  man- 
ner as  may  be  determined  by  law. 

Section  15.  The  Courts  of  Common  Pleas  shall  have 
Common  pieas./exclusive  juHsdiction  in  all  cases  of  divorce, 
andlexclusive  original  jurisdiction  in  all  civil  cases  and 
actions  ex  delicto  which  shall  not  be  cognizable  before 
Justices  of  the  Peace,  and  appellate  jurisdiction  in  all 
such  cases  as  may  be  provided  by  law.  They  shall 
have  power  to  issue  Avrits  of  mandamus^  prohibition, 
scire  facias^  and  all  other  writs  which  may  be  necessary 
for  carrying  their  powers  fully  into  effect. 

Section  16.  The  Court  of  Common  Pleas  shall  sit  in 
Times  of  hold-  cacli  Judicial  District  in  this  State  at  least 
"^°-  twice  in  every  year,  at  such. stated  times  and 

places  as  may  be  appointed  by  law.  It  shall  have  juris- 
diction in  all  matters  of  equity,  but  the  Courts  hereto- 
fore established  for  that  purpose  shall  continue  as  now 
organized  until  the  first  day  of  January,  one  thousand 
eight  hundred  and  sixty-nine,  for  the  disposition  of 
causes  now  pending  therein,  unless  otherwise  provided 
by  law. 

Section  17.   The  General  Assembly  shall  provide  by 

Pieservation  ^^^  ^^^  ^^^  prcscrvatiou  of  thc  rccoids  of  the 

of  records.       Courts  of  Equity,  and  also  for  the  transfer  to 

the   Court  of   Common   Pleas  and  Probate   Courts  for 


SOUTH  CAROLINA.  29 

final  decision  of  all  causes  that  may  remain  undeter- 
mined. It  shall  be  the  duty  of  the  Judges  of  the 
Supreme  and  Circuit  Courts  to  file  their  decisions  within 
sixty  days  from  the  last  day  of  the  term  of  Court  at 
which  the  causes  were  heard. 

Section  18.  The  Court  of  General  Sessions  shall 
have  exclusive  jurisdiction  over  all  criminal  Jurisdiction, 
cases  which  shall  not  be  otherwise  provided  for  by  law. 
It  shall  sit  in  each  County  in  the  State  at  least  three 
times  in  each  year,  at  such  stated  times  and  places  as 
the  General  Assembly  may  direct. 

Section  19.  The  qualified  electors  of  each  County 
shall  elect  three  persons  for  the  term  of  two  county  com- 
years,  who  shall  constitute  a  Board  of  County  n^'^sioners. 
Commissioners,  which  shall  have  jurisdiction  over  roads, 
highways,  ferries,  bridges,  and  in  all  matters  relating  to 
taxes,  disbursements  of  money  for  County  purposes, 
and  in  every  other  case  that  may  be  necessary  to  the 
internal  improvement  and  local  concerns  of  the  respect- 
ive Counties :  Provided^  That  in  all  cases  there  shall 
be  the  right  of  appeal  to  the  State  Courts. 

Section  20.  A  Court  of  Probate  shall  be  established 
in  each  County,  with  jurisdiction  in  all  mat-  court  of  Pro- 
ters  testamentary  and  of  administration  in  '''"*'• 
business  appertaining  to  minors,  and  the  allotment  of 
dower  in  cases  of  idiocy  and  lunacy  and  persons  non 
compotes  mentis.  The  Judge  of  said  Court  sliall  be 
elected  by  the  qualified  electors  of  the  respective  Coun- 
ties for  the  term  of  two  years. 

Section  21.  A  competent  number  of  Justices  of  the 
Peace  and  Constables  shall  be  chosen  in  each  justices  of  the     ^  *^* 
County  by  the  qualified   electors  thereof,  in  ^'''""'-  ' 

such  manner  as  the  General  Assembly  may  direct ;  they 
shall  hold  their  offices  for  a  term  of  two  years  and  until 
their  successors  are  elected  and  qualified.     They  shall 


30  CONSTITUTION  OF 

reside  in  the  County,  city  or  beat  for  which  they  are 
elected,  and  the  Justices  of  the  Peace  shall  be  commis- 
sioned by  the  Governor. 

Section  22,  Justices  of  the  Peace,  individually,  or 
Jurisdiction,  two  or  morc  of  them  jointly,  as  the  General 
Assembly  may  direct,  shall  have  original  jurisdiction 
in  cases  of  bastd.Tdy,  and  in  all  matters  of  contract,  and 
actions  for  the  recovery  of  fines  and  forfeitures  where 
the  amount  claimed  does  not  exceed  one  hundred  dol- 
lars, and  such  jurisdiction  as  may  be  provided  by  law 
in  actions  ex  delicto  where  the  damages  claimed  do  not 
exceed  one  hundred  dollars,  and  prosecutions  for  assault 
and  battery,  and  other  penal  offenses  less  than  felony, 
punishable  by  fines  only^  "  ^/Z^^^fe^  JH-U^  iitpi^i^Ci^^i:-^  — 

Section  23.  They  may  also  sit  as  examining  Courts, 
Powers.  and  commit,  discharge  or  recognize  (except 

in  capital  cases)  persons  charged  with  offenses,  subject 
to  such  regulations  as  the  General  Assembly  may  pro- 
vide ;  they  shall  also  have  power  to  bind  over  to  keep 
the  peace,  or  for  good  behavior.  For  the  foregoing 
purposes,  they  shall  have  power  to  issue  all  necessary 
processes. 

Section  24.  Every  action  cognizable  before  Justices 
Right  of  np-  o^  ^^  Peace,  instituted  by  summons  or  war- 
peai.  rant,  shall  be  brought  before  some  Justice  of 

the  Peace  in  the  County  or  city  where  the  defendant 
resides,  and  in  all  such  causes  tried  by  them  the  right 
of  appeal  shall  be  secured  under  such  rules  and  regula- 
tions as  may  be  provided  by  law. 

Section  25.  The  Judges  of  Probate,  County  Commis- 
compensation.  sioiicrs,  Justlccs  of  the  Pcacc  and  Constables 
shall  receive  for  their  services  such  compensation  and 
fees  as  the  General  Assembly  may  from  time  to  time  by 
law  direct. 


SOUTH  CAROLINA.  31 

Section  26.  Judges  shall  not  charge  juries  in  respect 
to  matters  of  fact,  but  may   state  the  testi-    charge  of. 
mony  and  declare  the  law. 

Section  27.  There  shall  be  elected  in  each  County, 
by  the  electors  thereof,  one  Clerk  for  the  cierksofcurt 
Court  of  Common  Pleas,  who  shall  hold  his  office  for 
the  term  of  four  years,  and  until  his  successor  shall  be 
elected  and  qualified.  He  shall,  by  virtue  of  his  office, 
be  Clerk  of  all  other  Courts  of  record  held  therein, 
but  the  General  Assembly  may  provide  by  law  for  the 
election  of  a  Clerk,  with  a  like  term  of  office,  for  each 
or  any  other  of  the  Courts  of  record,  and  may  author- 
ize the  Judge  of  the  Probate  Court  to  perform  the 
duties  of  Clerk  for  his  Court,  under  such  regulations  as 
the  General  Assembly  may  direct.  Clerks  of  Courts 
shall  be  removable  for  such  cause  and  in  such  manner 
as  shall  be  prescribed  by  law. 

Section  28.  There  shall  be  an  Attorney  General  for 
the  State,  who  shall  perform  such  duties  as  Attorney  Gen- 
may  be  prescribed  by  law.  He  shall  be  elected  ^'■'*'- 
by  the  qualified  electors  of  the  State  for  the  term  of 
ftS  four*  years,  and  shall  receive  for  his  services  such  com- 
pensation as  shall  be  fixed  by  law. 

Section  29.  There  shall  be  one  Solicitor  for  each 
Circuit,  who  shall  reside  therein,  to  be  solicitors. 
elected  by  the  qualified  electors  of  the  Circuit,  who 
shall  hold  his  office  for  the  term  of  four  years,  and  shall 
receive  for  his  services  such  compensation  as  shall  be 
fixed  by  law.  In  all  cases  where  an  attorney  for  the 
State  of  any  Circuit  fails  to  attend  and  prosecute  ac- 
cording to  law,  the  Court  shall  have  power  to  appoint 
an  attorney  pro  tempore. 

*See  amendment  to  Article  3,  Section  23,  page  52. 


32  CONSTITUTION  OF 

Section  30.   The  qualified  electors  of  each   County 

Sheriffs  ana  ^hall  clcct  a  Sheriff  and  Coroner,  for  the 
Coroners.  tcmi  of  four  jcars,  and  until  their  successors 
are  elected  and  qualified;  they  shall  reside  in  their 
respective  Counties  during  their  continuance  in  oflQce, 
and  be  disqualified  for  the  office  a  second  time  if  it 
should  appear  that  they,  or  either  of  them,  are  in  de- 
fault for  moneys  collected  by  virtue  of  their  respective 
offices. 

Section  31.   All  writs  and  processes  shall  run  and  all 

Writs  and  prosccutlons  shall  be  conducted  in  the  name 
processes.  (jf  ^j^g  Statc  of  South  Carolina;  all  writs 
shall  be  attested  by  the  Clerk  of  the  Court  from  which 
they  shall  be  issued ;  and  all  indictments  shall  conclude 
"against  the  peace  and  dignity  of  the  State." 

Section  32.   The  General  Assembly  shall  provide  by 

Decisions  of  law  for  thc  spccdy  publication  of  the  deci- 
court.  sions  of  the  Supreme  Court  made  under  this 

Constitution. 

Section  33.  The  first  General  Assembly  convened 
Constitutional  uuder  tfils  Constltutiou,  at  their  first  session, 
amendment,  immediately  after  their  permanent  organiza- 
tion, shall  ratify  the  amendment  to  the  Constitution  of 
the  United  States  known  as  the  Fourteenth  Article, 
proposed  by  the  Thirty-ninth  Congress. 

Section  34.   All   contracts,    whether   under   seal    or 

Slave  con-  ^^^t,  thc  Consideration  of  which  were  for  the 
tracts.  purchase  of  slaves,  are  hereby  declared  null 

and  void  and  of  no  effect,  and  no  suit,  either  at  law  or 
equity,  shall  be  commenced  or  prosecuted  for  the  en- 
forcement of  such  contracts ;  and  all  proceedings  to 
enforce  satisfaction  or  payment  on  judgments  or  decrees 
rendered,  recorded,  enrolled  or  entered  up  on  such 
contracts  in  any  Court  of  this  State  are  hereby  prohib- 
ited ;   and  all  orders  heretofore  made  in  this   State  in 


SOUTH  CAROLINA.  33 

relation  to  such  contracts,  whereby  property  is  held 
subject  to  decision  as  to  the  validity  of  such  contracts, 
are  also  hereby  declared  null  and  void  and  of  no  effect. 

ARTICLE  5. 

JURISPRUDENCE. 

Section  1.   The   General   Assembly  shall   pass  such 
laws  as  may  be  necessary  and  proper   to  de-    Arbitrators. 
cide  differences  by  arbitrators,  to  be  appointed  by  the 
parties  who  may  choose  that  summary  mode  of  adjust- 
ment. 

Section  2.  It  shall  be  the  duty  of  the  General  Assem- 
bly to  pass  the  necessary  laws  for  the  change  change  of 
of  venue  in  all  cases,  civil  and  criminal,  over  ''®""''- 
which  the  Circuit  Courts  have  original  jurisdiction, 
upon  a  proper  showing,  supported  by  affidavit,  that  a 
fair  and  impartial  trial  cannot  be  had  in  the  County 
where  such  trial  or  prosecution  was  commenced. 

Section  3.  The  General  Assembly,  at  its  first  session 
after  the  adoption  of  this  Constitution,  shall  codification 
make  provision  to  revise,  digest  and  arrange,  °^  '"'''^• 
under  proper  heads,  the  body  of  our  laws,  civil  and 
criminal,  and  form  a  penal  code,  founded  upon  princi- 
ples of  reformation,  and  have  the  same  promulgated  in 
such  manner  as  they  may  direct ;  and  a  like  revision, 
digest  and  promulgation  shall  be  made  within  every 
subsequent  period  of  ten  years.  That  justice  may  be 
administered  in  a  uniform  mode  of  pleading,  without 
distinction  between  law  and  equity,  they  shall  provide 
for  abolishing  the  distinct  forms  of  action,  and  for  that 
purpose  shall  appoint  some  suitable  person  or  persons, 
whose  duty  it  shall  be  to  revise,  simplify  and  abridge 
the  rules,  practice,  pleadings  and  forms  of  the  Courts 
now  in  use  in  this  State. 


34  CONSTITUTION  OF 

ARTICLE  6. 

EMINENT    DOMAIN, 

Section  1.  The  State  shall  have  concurrent  jurisdic- 
Eminent  do-  ^on  Oil  all  rivcrs  bordering  on  this  State,  so 
main.  f^j.  g^g  gu^h  rivcrs  shall  form  a  common  boun- 

dary to  this  and  any  other  State  bounded  by  the  same ; 
and  they,  together  with  all  other  navigable  waters 
within  the  limits  of  the  State,  shall  be  common  high- 
ways, and  forever  free,  as  well  to  the  inhabitants  of 
this  State  as  to  the  citizens  of  the  United  States,  with- 
out any  tax  or  impost  therefor,  unless  the  same  be  ex- 
pressly provided  for  by  the  General  Assembly. 

Section  2.  The  title  to  all  lands  and  other  property 
Land  titles,  whicli  havc  hcrctoforc  accrued  to  this  State 
by  grant,  gift,  purchase,  forfeiture,  escheats  or  other- 
wise shall  vest  in  the  State  of  South  Carolina  the  same 
as  though  no  chang'e  had  taken  place. 

Section  3.  The  people  of  the  State  are  declared  to 

Ultimate  posscss  tlic   ultlmatc   property   in  and  to  all 

crty.  lands  within  the  jurisdiction  of  the  State,  and 

all  lands   the  title  to   which  shall   fail  from   defect  of 

heirs  shall  revert  or  escheat  to  the  people. 

ARTICLE  7. 

impeachments. 

Section  I,   The  House  of  Representatives  shall  have 
Impeach- the  solc  powcT  of  impeachment.     A  vote  of 
ment.  twothirds  of  all  the  members  elected  shall 

be  required  for  an  impeachment,  and  any  ofiicer  im- 
peached shall  thereby  be  suspended  from  office  until 
judgment  in  the  case  shall  have  been  pronounced. 


SOUTH  CAROLINA  35 

Section  2.  All  impeachments  shall  be  tried  by  the 
Senate,  and  when  sitting  for  that  purpose  How  tried, 
they  shall  be  under  oath  or  affirmation.  No  person 
shall  be  convicted  except  by  vote  of  t^YO-thirds  of  all 
the  members  elected.  When  the  Governor  is  impeached, 
the  Chief  Justice  of  the  Supreme  Court,  or  the  senior 
Judge,  shall  preside,  with  a  casting  vote  in  all  prelimi- 
nary questions. 

Section  3.  The  Governor  and  all  other  executive  and 
judicial  officers  shall  be  liable  to  impeach-  whoUabie. 
ment;  but  judgment  in  such  case  shall  not  extend 
further  than  removal  from  office.  The  persons  con- 
victed shall,  nevertheless,  be  liable  to  indictment,  trial 
and  punishment  according  to  law. 

Section  4.  For  any  willful  neglect  of  duty,  or  other 
reasonable  cause,  which  shall  not  be  sufficient  c.,„,^,s  ^f  im- 
ground  of  impeachment,  the  Governor  shall  peachment. 
remove  any  executive  or  judicial  officer  on  the  address 
of  two-thirds  of  each  house  of  the  General  Assembly : 
Provided^  That  the  cause,  or  causes,  for  which  said 
removal  may  be  required  shall  be  stated  at  length  in 
such  address  and  entered  on  the  Journals  of  each 
house:  And pi'ovided^  further ^  That  the  officer  intended 
to  be  removed  shall  be  notified  of  such  cause  or  causes, 
and  shall  be  admitted  to  a  hearing  in  his  own  defense, 
before  any  vote  for  such  address ;  and  in  all  cases  the 
vote  shall  be  taken  by  yeas  and  nays,  and  be  entered 
on  the  Journals  of  each  house  respectively. 

ARTICLE   8. 

RIGHT    OF    SUFFRAGE. 

Section  1.   In  all  elections  by  the  people  the  electors 
shall  vote  by  ballot.  xhcbaiiot. 


36  CONSTITUTION  OF 

Section  2.  Every  male  citizen  of  the  United  States, 
Qualification  ^f  the  age  of  twenty-one  years  and  upwards, 
of  electors.  ^q|.  JaboHng  Under  the  disabilities  named  in 
this  Constitution,  without  distinction  of  race,  color  or 
former  condition,  who  shall  be  a  resident  of  this  State 
at  the  time  of  the  adoption  of  this  Constitution,  or  who 
shall  thereafter  reside  in  this  State  one  year,  and  in  the 
County  in  which  he  offers  to  vote  sixty  days  next  pre- 
ceding any  election,  shall  be  entitled  to  vote  for  all 
officers  that  are  now,  or  hereafter  may  be,  elected  by 
the  people,  and  upon  all  questions  submitted  to  the 
electors  at  any  elections:  Provided^  That  no  person 
shall  be  allowed  'to  vote  or  hold  office  who  is  now,  or 
hereafter  may  be,  disqualified  therefor  by  the  Constitu- 
tion of  the  United  States,  until  such  disqualification 
shall  be  removed  by  the  Congress  of  the  United  States : 
Provided^  further^  That  no  person  while  kept  in  any 
alms  house  or  asylum,  or  of  unsound  mind,  or  confined 
in  any  public  prison,  shall  be  allowed  to  vote  or  hold 
office. 

Section  3.  It  shall  be  the  duty  of  the  General  Assem- 
RsKistration.  bly  to  providc  from  time  to  time  for  the  regis- 
tration of  all  electors. 

Section  4.  For  the  purpose  of  voting,  no  person 
Residence,  sliall  bc  dcemed  to  have  lost  his  residence  by 
reason  of  absence  while  employed  in  the  service  of  the 
United  States,  nor  while  engaged  upon  the  waters  of 
this  State  or  the  United  States,  or  of  the  high  seas,  nor 
while  temporarily  absent  from  the  State. 

Section  5.  No  soldier,  seaman  or  marine  in  the  army 
Soldiers  and  ^r  uavy  of  thc  United  States  shall  be  deemed 
sailors.  ^  resident  of  this   State  in   consequence  of 

having  been  stationed  therein. 


SOUTH  CAROLINA.  37 

Section  6.  Electors  shall  in  all  cases,  except  treason, 
felony  or  breach  of  the  peace,  be  privileged       Exemption 
from   arrest  and  civil   process   during  their  f"-"'"  ""est. 
attendance  at  elections,  and  in  going  to  and  returning 
from  the  same. 

Section  7.  Every  person  entitled  to  vote  at  any  elec- 
tion shall  be  eligible  to  any  office  which  now  Kiigibinty  to 
is,  or  hereafter  shall  be,  elective  by  the  peo-  "*'"'"'• 
pie  in  the  County  where  he  shall  have  resided  sixty 
days  previous  to  such  election,  except  as  otherwise  pro- 
vided in  this  Constitution  or  the  Constitution  and  laws 
of  the  United  States. 

Section  8.   The  General  Assembly  shall  never  pass 
any  law  that  will  deprive  any  of  the  citizens     Disquaiifica- 
of  this  State  of  the  right  of  suffrage,  except  ''""*• 
for  treason,  murder,*'^  robbery,  or  dueling,  whereof  the 
persons  shall  have  been  duly  tried  and  convicted. 

Section  9.  Presidential  Electors  shall  be  Presidentini 
elected  by  the  people.  Electors. 

Section  10.  In  all  elections  held  by  the  people  under 
this  Constitution,  the  person  or  persons  who  who  elected. 
shall  receive  the  highest  number  of  votes  shall  be  de- 
clared elected. 

Section  II.  The  provisions  of  this  Constitution  con- 
cerning the  term  of  residence  necessary  to  ^ot  appiica. 
enable  persons  to  hold  certain  offices  therein  '''•^'''• 
mentioned  shall  not  be  held  to  apply  to  officers  chosen 
by  the  people  at  the  first  election,  or  by  the  General 
Assembly  at  its  first  session. 

Section  12.  No  person  shall  be  disfranchised  for 
felony  or  other  crimes  committed  while  such       Former 

-  slaves  not  dis- 

person  was  a  slave.  franchised. 

*Amended;  seepage55. 


38  CONSTITUTION  OF 

ARTICLE  9. 

FINANCE    AMD    TAXATION. 

Section  I.   The  General  Assembly  shall  provide  by 

Assessment  ^^^^^  ^^^^  ^  imiform  aiid  equal  rate  of  assess- 
and  taxation,  mei^^t  aiid  taxatioii,  and  shall  prescribe  such 
regulations  as  shall  secure  a  just  valuation  for  taxation 
of  all  property,  real,  personal  and  possessory,  except 
mines  and  mining  claims,  the  proceeds  of  which  alone 
shall  be  taxed;  and  also  excepting  such  property  as 
may  be  exempted  by  law  for  municipal,  educational, 
literary,  scientific,  religious  or  charitable  purposes. 

Section  2.   The  General  Assembly  may  provide  an- 
Poii  tax.       nually  for  a  poll  tax,  not  to  exceed  one  dol- 
lar on  each  poll,  which"  shall  be  applied  exclusively  to 
the  public  school  fund.     And  no  additional   poll  tax 
shall  be  levied  by  any  municipal  corporation. 

Section  3.  The  General  Assembly  shall  provide  for 
Annual  tax.  ail  aunual  tax  sufficient  to  defray  the  esti- 
mated expenses  of  the  State  for  each  year ;  and  whenever 
it  shall  happen  that  such  ordinary  expenses  of  the  State 
for  any  year  shall  exceed  the  income  of  the  State  for 
such  year  the  General  Assembly  shall  provide  for  levy- 
ing a  tax  for  the  ensuing  year  sufficient,  with  other 
sources  of  income,  to  pay  the  deficiency  of  the  preced- 
ing year,  together  with  the  estimated  expenses  of  the 
ensuing  year. 

Section  4.  No  tax  shall  be  levied  except  in  pursu- 
object  to  be  ^^^^  ^^   ^  ^'"^^^-i  whicli   shall  distinctly  state 
stated.  ii^Q  object  of  the  same ;  to  which  object  such 

tax  shall  be  applied. 

Section  5.  It  shall  be  the  duty  of  the  General  Assem- 
Exemptions.  bly  to  cnact  laws  for  the  exemption  from 
taxation  of  all  public  schools,  colleges  and  institutions 
of  learning,  all  charitable  institutions  in  the  nature  of 


SOUTH  CAROLINA.  39 

asylums  for  the  iufirni,  deaf  and  dumb,  blind,  idiotic 
and  indigent  persons,  all  public  libraries,  churches  and 
burying  grounds;  but  property  of  associations  and 
societies,  although  connected  with  charitable  objects, 
shall  not  be  exempt  from  State,  County  or  municipal 
taxation:  Provided^  That  this  exemption  shall  not  ex- 
tend beyond  the  buildings  and  premises  actually  occu- 
pied by  such  schools,  colleges,  institutions  of  learning, 
asylums,  libraries,  churches  and  burial  grounds,  although 
connected  with  charitable  objects. 

Section  6.  The  General  Assembly  shall  provide  for 
the  valuation  and  assessment  of  all  lands  and  v„iu:,tion  of 
the  improvements  thereon  prior  to  the  assem-  ^'""''• 
bling  of  the  General  Assembly  of  one  thousand  eight 
hundred  and  seventy,  and  thereafter  on  every  fifth 
year. 

Sbctiox  7.  For  the  purpose  of  defraying  extraordi- 
nary expenditures  the  State  may  contract  Public  debts. 
public  debts ;  but  such  debts  shall  be  authorized  by  law 
for  some  single  object,  to  be  distinctly  specified  therein  ; 
and  no  such  law  shall  take  effect  until  it  shall  have  been 
passed  by  the  vote  of  two-thirds  of  the  members  of 
each  branch  of  the  General  Assembly,  to  be  recorded 
by  yeas  and  nays  on  the  Journals  of  each  house  re- 
spectively; and  every  such  law  shall  levy  a  tax  annu- 
ally sufficient  to  pay  the  annual  interest  of  such  debt.''^ 

Section  8.  The  corporate  authorities  of  Counties, 
Townships,  School  Districts,  cities,  towns  and  Munieipni 
villages  may  be  vested  with  power  to  assess  *'*''°*- 
and  collect  taxes  for  corporate  purposes ;  such  taxes  to 
be  uniform  in  respect  to  persons  and  property  witliiii 
the  jurisdiction  of  the  body  imposing  the  same.  And 
the  General  Assembly  shall  require  that  all  the  prop- 
erty, except  that  heretofore  exempted,  within  the  limits 

*See  Article  16,  p<Tge  51. 


40  CONSTITUTION  OF 

of  municipal  corporations  shall  be  taxed  for  the  pay- 
ment of  debts  contracted  under  authority  of  law. 

Section  9.  The  General  Assembly  shall  provide  for 
Incorporations  tlic  iucorporatiou  and  organization  of  cities 
and  towns,  and  shall  restrict  their  powers  of  taxation, 
borrowing  money,  contracting  debts  and  loaning  their 
credit. 

Section  10.  No  scrip,  certificate  or  other  evidence  of 
State  indebtedness  shall  be  issued  except  for 
state  indebt-  thc  rcdcmptiou  of  stock,  bonds  or  other  evi- 
edness.  denccs  of  indebtedness  previously  issued,  or 

for  such  debts  as  are  expressly  authorized  in  this  Con- 
stitution. 

Section  II.  An  accurate   statement  of   the  receipt 

Receipts  and  ^^^  expcnditurcs  of  the  public  money  shall 

expenditures,    j^g  publlshcd,  with  thc  laws  of  cach  regular 

session  of  the  General  Assembly,  in  such  manner  as  may 

by  law  be  directed. 

Section  12.  No  money  shall  be  drawn  from  the 
Drafts  on  the  Trcasury  but  in  pursuance  of  appropriations 

Treasury.  madc  by  kw. 

Section  13.  The  fiscal  year  shall  commence  on  the 
Fiscal  year,     first  day  of  Novcmbcr  in  each  year. 

Section  14.  Any  debt  contracted  by  the  State  shall 
state  bonds,  bc  by  loau  on  State  bonds,  of  amounts  not 
less  than  fifty  dollars  each,  on  interest,  payable  within 
twenty  years  after  the  final  passage  of  the  law  author- 
izing such  debt,  A  correct  registry  of  all  such  bonds 
shall  be  kept  by  the  Treasurer  in  numerical  order,  so 
as  always  to  exhibit  the  number  and  amount  unpaid, 
and  to  whom  severally  made  payable. 

Section  15.   Suitable   laws   shall   be   passed   by  the 

General  Assembly  foi*  the  safe  keeping,  trans- 

and'  School  fcr  and  disbursement  of  the   State,  County 

and  school  funds ;    and  all  officers  and  other 


SOUTH  CAROLINA.  41 

persons  charged  with  the  same  shall  keep  an  accurate 
entry  of  each  sum  received,  and  of  each  payment  and 
transfer,  and  shall  give  such  security  for  the  faithful 
discharge  of  such  duties  as  the  General  Assembly  may 
provide.  And  it  shall  be  the  duty  of  the  General 
Assembly  to  pass  laws  making  embezzlement  of  such 
funds  a  felony,  punishable  by  fine  and  imprisonment, 
proportioned  to  the  amount  of  deficiency  or  embezzle- 
ment, and  the  party  convicted  of  such  felony  shall  be 
disqualified  from  ever  holding  any  office  of  honor  or 
emolument  in  this  State :  Provided^  however^  That  the 
General  Assembly,  by  a  two-third  vote,  may  remove 
the  disability  upon  payment  in  full  of  the  principal  and 
interest  of  the  sum  embezzled. 

Section  16.  No  debt  contracted  by  this  State  in  be- 
half of  the  late  rebellion,  in  whole  or  in  part.  Rebel  debts, 
shall  ever  be  paid. 

ARTICLE  10. 

EDUCATION. 

Section  1.  The  supervision  of  public  instruction  shall 
be  vested  in  a  State   Superintendent  of  Edu-    superintend- 

1  ini  1  Ti  1  T/»i    ^^^  °^   Educa- 

cation,  who  shall  be  elected  by  the  qualmed  tion. 
electors  of  the  State  in  such  manner  and  at  such   time 
as  the  other   State   officers  are   elected;    his  powers, 
duties,  term  of  office  and  compensation  shall  be  defined 
by  the  General  Assembly. 

Section  2.  There  shall  be  elected  biennially  in  each 
County,  by  the  qualified  electors  thereof,  one  ^^^^^^  ^^^_ 
School  Commissioner,  said  Commissioners  to  "ai^sioners. 
constitute  a  State  Board  of  Education,  of  which  the 
State  Superintendent  shall,  by  virtue  of  his  office,  be 
Chairman.  The  powers,  duties  and  compensation  of  the 
members  of  said  Board  shall  be  determined  by  law. 
6 


42  CONSTITUTION  OF 

Section  3.  The  General  Assembly  shall,  as  soon  as 
Free  schools,  practicable  after  the  adoption  of  this  Consti- 
tution, provide  for  a  liberal  and  uniform  system  of  free 
public  schools  throughout  the  State,  and  shall  also  make 
provision  for  the  division  of  the  State  into  suitable 
School  Districts.  There  shall  be  kept  open  at  least  six 
months  in  each  year  one  or  more  schools  in  each  School 
District. 

Section  4.  It  shall  be  the  duty  of  the  General  Assem- 
compuisory  ^ty  ^o  provldc  for  thc  compulsory  attend- 
attendanee.  aucc,  at  elthcT  pubHc  or  privatc  schools,  of 
all  children  between  the  ages  of  six  and  sixteen  years, 
not  physically  or  mentally  disabled,  for  a  term  equiva- 
lent to  twenty-four  months  at  least :  Provided^  That  no 
law  to  that  effect  shall  be  passed  until  a  system  of  pub- 
lic schools  haj  been  thoroughly  and  completely  organ- 
ized, and  facilities  afforded  to  all  the  inhabitants  of  the 
State  for  the  free  education  of  their  children. 

Section  5.  The  General  Assembly  shall  levy,  at  each 
School  tax.  regular  session  after  the  adoption  of  this  Con- 
stitution, an  annual  tax  on  all  taxable  property  through- 
out the  State  for  the  support  of  public  schools,  which 
tax  shall  be  collected  at  the  same  time  and  by  the  same 
agents  as  the  general  State  levy,  and  shall  be  paid  into 
the  Treasury  of  the  State.  There  shall  be  assessed  on 
all  taxable  polls  in  the  State  an  annual  tax  of  one  dol- 
lar on  each  poll,  the  proceeds  of  which  tax  shall  be 
applied  solely  to  educational  purposes :  Provided^  That 
no  person  shall  ever  be  deprived  of  the  right  of  suffrage 
for  the  non-payment  of  said  tax.  No  other  poll  or 
capitation  tax  shall  be  levied  in  the  State,  nor  shall  the 
amount  assessed  on  each  poll  exceed  the  limit  given  in 
this  Section,  The  school  tax  shall  be  distributed  among 
the  several  School  Districts  of  the  State,  in  proportion 
to  the  respective  number  of  pupils  attending  the  public 


SOUTH  CAROLINA.  43 

schools.  No  religious  sect  or  sects  shall  have  exclusive 
right  to,  or  control  of,  any  part  of  the  school  funds  of 
the  State,  nor  shall  sectarian  principles  be  taught  in 
the  public  schools.'"' 

Section  6.  Within  five  years  after  the  first  regular 
session  of  the  General  Assembly  following  xormai 
the  adoption  of  this  Constitution,  it  shall  be  school, 
the  duty  of  the  General  Assembly  to  provide  for  the 
establishment  and  support  of  a  State  Normal  School, 
.which  shall  be  open  to  all  persons  who  may  wish  to 
become  teachers. 

Sp:ction  7.  Educational  institutions  for  the  benefit  of 
all  the  blind,  deaf  and  dumb,  and  such  other  j^,;^,,  ^-^^^^ 
benevolent  institutions  as  the  public  good  ""'^  '^"'°''- 
may  require,  shall  be  established  and  supported  by  the 
State,  subject  to  such  regulations  as  may  be  prescribed 
by  law. 

Section  8.  Provisions  shall  be  made  by  law,  as  soon 
as  practicable,  for  the  establishment  and  Reform  sehooi 
maintenance  of  a  State  Reform  School  for  juvenile 
offenders. 

Section  9.  The  General  Assembly  shall  provide  for 
the  maintenance  of  the  State  University,  and,  g^^^^  univer- 
as  soon  as  practicable,  provide  for  the  estab-  ^''*'- 
lishment  of  an  Agricultural  College,  and  shall  Agricultural 
appropriate  the  land  given  to  this  State,  for  co"ege. 
the  support  of  such  a  college,  by  the  Act  of  Congress, 
passed  July  second,  one  thousand  eight  hundred  and 
sixty-two,  or  the  money  or  scrip,  as  the  case  may  be, 
arising  from  the  sale  of  said  lands,  or  any  lands  which 
may  hereafter  be  given  or  appropriated  for  such  pur- 
pose, for  the  support  and  maintenance  of  such  college, 
and  may  make  the  same  a  branch  of  the  State   Univer- 

*Auiencled  ;  see  page  S2. 


44  CONSTITUTION  OF 

sity,  for  instruction  in  agriculture,  the  mechanic  arts, 
and  the  natural  sciences  connected  therewith. 

Section  10.  All  the  public  schools,  colleges  and  uni- 
Open  to  all.  vcrsitics  of  tliis  State  supported  in  whole  or 
in  part  by  the  public  funds  shall  be  free  and  open  to 
all  the  children  and  youths  of  the  State,  without  regard 
to  race  or  color. 

Section  11.  The  proceeds  of  all  lands  that  have  been 
School  fund,  or  hereafter  may  be  given  hy  the  United 
States  to  this  State  for  educational  purposes,  and  not 
otherwise  appropriated  by  this  State  or  the  United 
States,  and  of  all  lands  or  other  property  given  by  in- 
dividuals, or  appropriated  by  the  State  for  like  purpose, 
and  of  all  estates  of  deceased  persons  who  have  died 
without  leaving  a  will  or  heir,  shall  be  securely  invested 
and  sacredly  preserved  as  a  State  school  fund,  and  the 
annual  interest  and  income  of  said  fund,  together  with 
such  other  means  as  the  General  Assembly  may  provide, 
shall  be  faithfully  appropriated  for  the  purpose  of 
establishing  and  maintaining  free  public  schools,  and 
for  no  other  purposes  or  uses  whatever. 

ARTICLE    11. 

CHARITABLE  AND  PENAL  INSTITUTIONS. 

Section  1.  Institutions  for  the  benefit  of  the  insane, 

Charitable  bliiid,   deaf   and   dumb   and  the  poor   shall 

sHtuuons    '°   always  be  fostered  and  supported   by   this 

State,   and  shall  be  subject  to  such  regulations  as  the 

General  Assembly  may  enact. 

Section  2.  The  Directors  of  the  Penitentiary  shall 
Penitentiary,  bc  elcctcd  or  appointed  as  the  General  As- 
sembly may  direct. 


SOUTH  CAROLINA.  45 

Section  3.  The  Directors  of  the  benevolent  and 
other  State  mstitutions,  such  as  may  be  here-  Directors, 
after  created,  shall  be  appointed  by  the  Governor,  by 
and  with  the  consent  of  the  Senate ;  and  upon  all  nom- 
inations made  by  the  Governor  the  question  shall  be 
taken  by  yeas  and  nays  and  entered  upon  the  Journals. 

Section  4.   The  Governor  shall  have  power  to  fill  all 
vacancies  that  may  occur  in  the  offices  afore-    vaciincics. 
said  until  the  next  session  of  the  General  Assembly  and 
until  a  successor   or  successors  shall  be   appointed  and 
confirmed. 

Section  5.   The  respective   Counties    of    this    State 
shall  make  such  provision  as  may  be   deter-    pooriaws. 
mined  by  law  for  all  those  inhabitants  who,  by  reason 
of  age  and  infirmities  or  misfortunes,  may  have  a  claim 
uport  the  sympathy  and  aid  of  society. 

Section  6.  The  physician  of  the  Lunatic  Asylum, 
who   shall   be   Superintendent   of  the   same.  Lunatic 

shall  be  appointed  by  the  Governor,  with  the  ^^y^'^^- 
advice  and  consent  of  the  Senate.     All  other  necessary 
officers  and  employees  shall  be  appointed  by  the  Gov- 
ernor, 

ARTICLE  12. 

corporations. 

Section  1.  Corporations  may  be  formed  under  gene- 
ral laws ;  but  all  such  laws  may  from  time  to  corporations. 
time  be  altered  or  repealed. 

Section  2.  The  property  of  corporations  now  exist- 
ing or  hereafter  created  shall  be  subject  to  Taxation  ot. 
taxation,  except  in  cases  otherwise  provided  for  in  this 
Constitution. 


46  CONSTITUTION  OF 

Section  3.  No  right  of  way  shall  be  appropriated  to 
Right  of  way.  the  use  of  any  corporation  until  full  compen- 
sation therefor  shall  be  first  made,  or  secured  by  a 
deposit  of  money,  to  the  owner,  irrespective  of  any 
benefit  from  any  improvement  proposed  by  such  cor- 
poration, which  compensation  shall  be  ascertained  by  a 
jury  of  twelve  men,  in  a  Court  of  record,  as  shall  be 
prescribed  by  law. 

Sectiox  4.  Dues  from   corporations  shall  be  secured 

.  Debts.  by  such  individual  liability  of  the  stockhold- 
ers and  other  means  as  may  be  prescribed  by  law. 

Section  5.  All  general  laws  and  special  Acts  passed 
Personal  re-  pufsuaut  to  this  Sectioii  shall  make  provisions 
sponsibiiity.  therein  for  fixing  the  personal  liability  of 
stockholders  under  proper  limitations  ;  and  shall  pre- 
vent and  punish  fraudulent  misrepresentations  as  to  the 
capital,  property  and  resources  of  such  corporations ; 
and  shall  also  regulate  the  public  use  of  all  franchises 
which  have  heretofore  been,  or  hereafter  may  be, 
created  or  granted  by  or  under  the  authority  of  this 
State  ;  and  shall  limit  all  tolls,  imposts  and  other  charges 
and  demands  under  such  laws. 

Section  6.  The  General  Assembly  shall  grant  no 
Banking  cor-  charter  for  banking  purposes,  nor  renew  any 
porations.  baiikiiig  corpoTatious  now  in  existence,  ex- 
cept upoli  the  condition  that  the  stockholders  shall  be 
liable  to  the  amount  of  their  respective  share  or  shares 
of  stock  in  such  banking  institution  for  all  its  debts 
aud  liabilities,  upon  note,  bill  or  otherwise  ;  and  upon 
the  further  condition  that  no  Director  or  other  officer 
of  said  corporation  shall  borrow  any  money  from  said 
corporation ;  and  if  any  Director  or  other  officer  shall 
be  convicted,  upon  indictment,  of  directly  or  indi- 
rectly violating  this  Section,  he  shall  be  punished  by 
fine  or   imprisonment,   at  the   discretion   of  the   Court. 


SOUTH  CAROLINA.  47 

The  books,  papers  and  accounts  of  all  banks  shall  be 
open  to  inspection,  under  such  regulations  as  may  be 
prescribed  by  law. 

ARTICLE  13. 

MILITIA. 

Section  1.  The  militia  of  this  State  shall  consist  of 
all  able-bodied  male  citizens  of  the  State  Miiitia. 
between  the  ages  of  eighteen  and  forty-five  years, 
except  such  persons  as  are  now,  or  may  hereafter  be, 
exempted  by  the  laws  of  the  United  States,  or  who 
may  be  averse  to  bearing  arms,  as  provided  for  in 
•  this  Constitution ;  and  shall  be  organized,  armed, 
equipped  and  disciplined  as  the  General  Assembly  may 
by  law  provide. 

Section  2.  The  Governor  shall  have  power  to   call 
out    the  militia  to  execute   the  laws,   repel        ^lay  be 
invasion,   repress  insurrection  and  preserve  ''"'•'"^  ""'• 
the  public  peace. 

Section  3.   There  shall  be  an  Adjutant  and  Inspector 
General  elected  by  the  qualified   electors  of    Adjutant  and 

Inspector 

the  State,  at  the  same  time  and  m  the  same  General. 
manner  as  other  State  officers,  who  shall  rank  as  a 
Brigadier  General,  and  whose  duties  and  compensation 
shall  be  prescribed  by  law.  The  Governor  shall  ap- 
point, by  and  with  the  advice  and  consent  of  the  Senate, 
such  othfer  staff  officers  as  the  General  Assembly  may 
direct. 

ARTICLE    14. 

miscellaneous. 

Section  1.  No  person  shall  be  elected  or  appointed 
to  any  office  in  this  State  unless  he  possess  Qualifications 
the  qualifications  of  an  elector. 


for  office. 


48  CONSTITUTION  OF 

Section  2.  Lotteries,  and  the  sale  of  lottery  tickets, 
Lotteries,      for  any  purpose   whatever,   are  prohibited, 
and  the  General  A^embly  shall  prevent  the  same  by 
penal  laws. 

Section  3.  The  State  Library  shall  be  subject  to  such 
st&te  Library,  rcgulatlons  Qs  the  General  Assembly  may  pre- 
scribe. 

Section  4.   The  General  Assembly  may  direct  by  laV 
ciniin-s.         in  what  manner  claims  against  the  State  may 
be  established  and  adjusted. 

Section  5.   Divorces  from   the  bands   of  matrimony 
Divorces.      shall  uot  bc  allowcd  but  by  the  judgment  of 
a  Court,  as  shall  be  prescribed  by  law. 

Section  6.  No  person  who  denies  the  existence   of 
DisQuaiifica-  ^^^^    Suprcine    Being   shall    hold    any    ofiice 
tion  for  office,  yndcr  this  Constitution. 

Section  7.  The  printing  of  the  laws,  Journals,  Bills, 
Printing.  Icgislatlvc  documcuts  and  papers  for  each 
branch  of  the  General  Assembly,  with  the  printing 
required  for  the  Executive  and  other  Departments  of 
the  State,  shall  be  let  on  contract  in  such  manner  as 
shall  be  prescribed  by  law. 

Section  8.  The  real  and  personal  property  of  a 
Av Oman's  wouiau  hcld  at  the  time  of  her  marriage,  or 
property.  ^}jr^^  wliicli  shc  may  thereafter  acquire,  either 
by  gift,  grant,  inheritance,  devise  or  otherwise,  shall 
not  be  subject  to  levy  and  sale  for  her  husband's  debts, 
but  shall  be  held  as  her  separate  property,  and  may  be 
bequeathed,  devised  or  alienated  by  her  the  same  as  if 
she  were  unmarried:  Provided^  That  no  gift  or  grant 
from  the  husband  to  the  wife  shall  be  detrimental  to  the 
just  claims  of  his  creditors. 


SOUTH  CAROLINA.  49 

Section  9.  The  General  Assembly  shall  provide  for 
the    removal   of  all    causes   which   may   be     Removal  of 
pending  when   this    Constitution    goes   into  *''''"^*'^- 
effect  to  Courts  created  by  the  same. 

Section  10.  The  election  for  all  State  officers  shall 
take  place  at  the  same  time  as  is  provided     Election  of 
for  that  of  members  of  the   General  Assem-  ^^"^^  "®''"^- 
bly,  and  the  election  for  those  officers  whose  terms  of 
service  are  for  four  years  shall  be  held  at  the  time  of 

each  alternate  general  election. 

• 

ARTICLE  XV. 

AMENDMENT    AND    REVISION    OF    THE    CONSTITUTION. 

Section  1.  Any  amendment  or  amendments  to  this 
Constitution  may  be  proposed  in  the  Senate    Amendments 

__  f>     -r»  •  Tr»      1  ''^  ^^^    Consti- 

or  House  oi  Representatives,  it  the  same  tution. 
be  agreed  to  by  two-thirds  of  the  members  elected  to 
each  house,  such  amendment  or  amendments  shall  be 
entered  on  the  Journals  respectively,  with  the  yeas  and 
nays  taken  thereon ;  and  the  same  shall  be  submitted 
to  the  quahfied  electors  of  the  State,  at  the  next  general 
election  thereafter  for  Representatives ;  and  if  a  majority 
of  the  electors  qualified  to  vote  for  members  of  the 
General  Assembly,  voting  thereon,  shall  vote  in  favor 
of  such  amendment  or  amendments,  and  two-thirds  of 
each  branch  of  the  next  General  Assembly  shall,  after 
such  an  election,  and  before  another,  ratify  the  same 
amendment  or  amendments,  by  yeas  and  nays,  the  same 
shall  become  part  of  the  Constitution:  Provided^  That 
such  amendment  or  amendments  shall  have  been  read 
three  times,  on  three  several  days,  in  each  house. 

Section  2.  If  two  or  more  amendments  shall  be  sub- 
mitted at  the  same  time,  they  shall  be  sub-     if  t, 
mitted  in  such  manner  that  the  electors  shall  °^°'"'^- 
7 


; w o    or 


50  CONSTITUTION  OF 

vote  for   or   against   each   of  such   amendments  sepa- 
rately. 

Section  3.  Whenever  two-thirds  of  the  members 
Conventions,  elccted  to  cach  branch  of  the  General  Assem- 
bly shall  think  it  necessary  to  call  a  Convention  to 
revise,  amend  or  change  this  Constitution,  they  shall 
recommend  to  the  electors  to  vote  at  the  next  election 
for  Representatives  for  or  against  a  Convention ;  and  if 
a  majority  of  all  the  electors  voting  at  said  election 
shall  have  voted  for  a  Convention,  the  General  Assem- 
bly shall,  at  their  next  session,  provide  by  law  for  call- 
ing the  same;  and  such  Convention  shall  consist  of  a 
number  of  members  not  less  than  that  of  the  most 
numerous  branch  of  the  General  Assemblv. 


SOUTPI  CAROLINA.  51 


AMENDMENTS. 


ARTICLE  16. 


[Ratified  January,  ]873.] 


To  the  end  that  the  public  debt  of  South  Carolina 
may  not  hereafter  be  increased  without  the      Prohibiting 

due   consideration   and  free  consent  of  the  creation otdebt 

without    con- 
people  of  the  State,  the- General  Assembly  sent  of  the  peo- 

is  hereby  forbidden  to  create  any  further 
debt  or  obligation,  either  by  the  loan,  of  the  credit  of 
the  State,  by  guaranty,  endorsement  or  othenvise,  ex- 
cept for  the  ordinary  and  current  business  of  the  State, 
without  first  submitting  the  question  as  to, the  creation 
of  any  such  new  debt,  guaranty,  endorsement  or  loan 
of  its  credit  to  the  people  of  this  State  at  a  general 
State  election;  and  unless  two-thirds  of  the  qualified 
voters  of  this  State,  voting  on  the  question,  shall  be  in 
favor  of  a  further  debt,  guaranty,  endorsement  or  loan 
of  its  credit,  none  shall  be  created  or  made. 

AMENDMENT  TO  ARTICLE  2,  SECTION  11. 

[Ratified  January,  1873.] 

Strike  out  all  that  portion  of  Section  11,  Article  2, 
folio  wins;  the  words  "eio-hteen  hundred  and 

'-'  _        '-'  Amendment 

seventy,"  occurring  in  the  fourth  and  fiftli  ciiang'"g  eiec- 

,.  ,    .  T         n  n         '  A        -1  tion  from  Octo- 

Imes,  ana  insert  the  lollowmg:   "And  forever  berto  Novem- 

thereafter  on  the  first  Tuesday  following  the 

first  Monday  in  November  in  every  second  year,  in 

such  manner  and  in  such  place  as  the  Legislature  may 

provide." 


52  CONSTITUTION  OF 

AMENDMENT  TO  ARTICLE  3,  SECTION  23. 

[Ratified  March  4,  1875.] 

Strike  out  of  Section  23  of  Article  3  the  word  "  four," 

Art.3,sec.23,  occurriug  in   the  third  line,  and  insert  the 

as  to  term  of  ^^^.^  "two,"  SO  that  thc  Scction  of  the  Con- 

office,    amend- 
ed, stitution  will  read,  when  amended,  as  follows : 

"  Section  23.  There  shall  be  elected  by  the  qualified 

voters  of  the   State  a  Comptroller  General,  Secretary 

of  State,   Treasurer,   Attorney   General,  Adjutant  and 

Inspector   General,   and   Superintendent  of  Education, 

who  shall  hold  their  respective  offices  for  'the  term  of 

two  years,  and  whose  duties  and  compensation  shall  be 

prescribed  by  law." 

AMENDMENT  TO  ARTICLE  2,  SECTION  3. 

[Ratified  March  10,  1875.] 

That   Section   3   of  Article   2  of  the  Constitution  of 

"Toxaway"  thc   Statc  bc  amcudcd  by  striking  out  the 

•™e''Va-  words  ''White  Water  River,"  in  the  fifth  line 

*^'""  of  said   Section,  and  inserting  in  the  place 

thereof  the  words  "  Toxaway  River." 


AMENDMENT  TO  ARTICLE   10,  SECTION  5. 

[Ratified  January  22,  1878.] 

"  The  Boards  of  County  Commissioners  of  the  several 
Counties  shall  levy  an  annual  tax  of  not  less 
mills  for  pub-  than  two  mills  on  the  dollar  of  all  the 
he  schools,  ^g^-^g^i^ig  piopcrty  lu  their  respective  Counties, 
which  levy  shall  not  be  increased  unless  by  special 
enactment  of  the  General  Assembly,  for  the  support  of 
the  public  schools  m  their  respective  Counties,  which  tax 
shall  be  collected  at  the  same  time  and  by  the  same 
officers  as  the  other  taxes  for  the  same  year,  and  shall 
be  held  in   the   County  Treasuries  of   the  respective 


SOUTH  CAROLINA.  53 

Counties,  and  paid  out  exclusively  for  the  support  of 
the  public  schools,  as  provided  by  law.  There  shall  be 
assessed  on  all  taxable  polls  in  the  State  an  annual  tax 
of  one  dollar  on  each  poll,  the  proceeds  of  pou  tax. 
which  tax  shall  be  applied  solely  to  educational  pur- 
poses: Provided^  That  no  person  shall  ever  be  de- 
prived of  the  right  of  suffrage  for  the  non-payment  of 
such  tax.  No  other  poll  or  capitation  tax  shall  be 
levied  in  this  State,  nor  shall  the  amount  assessed  on 
each  poll  exceed  the  limit  given  in  this  Section.  The 
school  tax  shall  be  distributed  among  the  several 
School  Districts  of  the  Counties  in  proportion  to  the 
respective  number  of  pupils  attending  the  public 
schools.  No  religious  sect  or  sects  shall  have  exclusive 
right  to  or  control  of  any  part  of  the  school  funds  of 
the  State,  nor  shall  sectarian  principles  be  taught  in 
the  public  schools." 

AMENDMENT  TO  ARTICLE  2,  SECTION  32. 

[Ratified  December  11.  1880] 

"That  Section  32,  Article  2,  of  the  Constitution  of 
this  State  be,  and  is  hereby,  stricken  out.  and  the  fol- 
lowing inserted  in  lieu  thereof: 

"  The  General  Assembly  shall  enact  such  laws  as  will 
exempt  from  attachment  and  sale  under  any  Art.2,sec  s' 
mesne  or  final  process  issued  from  any  Court  "^   ^"   •^°'"'^- 

"■  ^  ...  stead,    amend- 

to   the   head   of  any  family   residing  in  this  ed. 

State  a  homestead  in  lands,  whether  held  in  fee  or  any 
lesser  estate,  not  to  exceed  in  value  one  thousand  dol- 
lars, with  the  yearly  products  thereof;  and  every  head 
of  a  family  residing  in  this  State,  whether  entitled  to  a 
homestead  exemption  in  lands  or  not,  personal  property 
not  to  exceed  in  value  the  sum  of  five  hundred  dollars : 
Provided^  That  in  case   any  woman  having  a  separate 


54  CONSTITUTION  OF 

estate  shall  be  married  to  the  head  of  a  family  who  has 
not  of  his  own  sufficient  property  to  constitute  a  home- 
stead as  hereinbefore  provided,  said  married  woman 
shall  be  entitled  to  a  like  exemption  as  provided  for 
the  head  of  a  family:  Provided^  further^  That  there 
shall  not  be  an  allowance  of  more  than  one  thousand 
dollars'  worth  of  real  estate  and  more  than  five  hun- 
dred dollars'  worth  of  personal  property  to  the  hus- 
band and  wife  jointly:  Provided^  That  no  property 
shall  be  exempt  from  attachment,  levy  or  sale  for  taxes, 
or  for  payment  of  obligations  contracted  for  the  pur- 
chase of  said  homestead  or  the  erection  of  improve- 
ments thereon:  Provided,  furtlier,  That  the  yearly 
products  of  said  homestead  shall  not  be  exempt  from 
attachment,  levy  or  sale  for  the  payment  of  obligations 
contracted  in  the  production  of  the  same.  It  shall  be 
the  duty  of  the  General  Assembly  at  their  first  session 
to  enforce  the  provisions  of  this  Section  by  suitable 
legislation." 


■^t)' 


AMENDMENT  TO  ARTICLE  2,  SECTION  11. 

[Ratified  December  21,  1882. J 

That  Section  eleven.  Article  two,  of  the  Constitu- 
tion of  this  State,  as  amended,  be,  and  the  same  is 
hereby,  stricken  out  and  the  following  inserted  in  lieu 
thereof: 

"  The  general  election  for  Senators  and  Representa- 
Bienninieiec-  tlvcs  shall  bc  held  lu  cvcry  second  vear,  in 

tions  to  be  fixed  i       •  i  1*^1 

by  Legislature,  such  mauuer,  at  such  time  and  at  such  places 
as  the  Legislature  may  provide." 


SOUTH  CAROLINA.  55 

AMENDMENT  TO  ARTICLE  8,  SECTION  8. 

[Riitified  Dceember  21.  1882.] 

That  Section  8,  Article  8,  of  the  Constitution  be 
amended  by  inserting  therein,  after  the  word  "  mur- 
der," the  following  words :  "burglary,  larceny,  perjury, 
forgery  or  any  other  infamous  crime,"  so  that  the  Sec- 
tion, when  amended,  shall  read  as  follows: 

"  Section  8.  The  General  Assembly  shall  never  pass 
any  law  that  will  deprive  any  of  the  citizens  Burglary,  lar- 
of  this  State  of  the  right  of  suffrage,  except  "^""y-  p'^^i^^y- 

'-'  o    '  J.       torgery  or  any 

for  treason,  murder,   burglary,  larceny,  per-  other  infamous 

„  ,1  •     P  •  crime  ;id(led  to 

jury,  forgery  or  any  other  miamous  crime,  or  disquaiieca- 
dueling,  whereof  the  person  shall  have  been  *'*'"*" 
duly  tried  and  convicted." 


CONSTITUTION 


OF   THE 


United  States  of 


PREAMBLE. 

Objects  of  the  Constitution. 


10. 


ARTICLE  L 

Legisliitive  powers,  in  whom  vested. 

House  of  Representatives,  how  and  by 
whom  chosen.  Qualifications  of  a 
Representative.  Representatives 
and  direct  ta.xes,  how  apportioned. 
Census.  Vacancies  to  be  filled. 
Power  of  choosing  officers  and  of 
impeachment. 

Senators,  how  and  by  whom  chosen. 
How  classified.  State  E.xecutive  to 
make  temporary  appointments,  in 
case,  &c.  Qualifications  of  a  Sen- 
ator. President  of  the  Senate  has 
right  to  vote.  President  pro  tern. 
and  other  officers  of  Senate,  how 
chosen.  Power  to  try  impeachment. 
When  President  is  tried.  Chief  Jus- 
tice to  preside.    Sentence. 

Times,  &c.,  of  holding  elections,  how 
prescribed.  One  session  in  each 
year. 

Membership.  Quorum.  Adjourn- 
ments. Rules.  Power  to  punish  or 
expel.  Journal.  Time  of  adjourn- 
ment limited  unless,  &c. 

Compensation.  Privileges.  Disquali- 
fication in  certain  cases. 

House  to  originate  all  revenue  Bills. 
Veto.  Bill  may  be  passed  by  two- 
thirds  of  each  house,  notwithstand- 
ing, &c.  Bill  not  returned  in  ten 
days.  Provision  as  lo  all  orders, 
itc,  except.  Arc. 

Powers  of  Congress. 

Provision  as  to  migration  or  importa- 
tion of  certain  persons.  Hdbeun  cor- 
pus. Bills  of  attainder,  itc.  Taxes, 
how  apportioned.  No  export,  duty. 
No  commercial  preferences.  No 
money  drawn  from  Treasury  unless, 
&c.  No  titular  nobility.  Officers 
not  to  receive  presents  unless,  &c. 

States  prohibited  from  the  exercise  of 
certain  powers. 


ARTICLE  II. 

Sec. 

1.  President  and   Vice   President,    their 

term  of  nfiice.  Electors  of  President 
and  Vice  President,  number,  and 
how  appointed.  Electors  to  vote  on 
same  day.  Qualification  of  Presi- 
dent. On  whom  his  duties  devolve 
in  case  of  his  removal,  death,  &c. 
President's  compensation.  His  oath. 

2.  President  to  be  Commander-in-Chief 

He  may  require  opinion  of,  &c.,  and 
may  pardon.  Treaty  making  power. 
Nomination  of  certain  officers. 
When  President  may  fill  vacancies. 

3.  President  shall  communicate  to  Con- 

gress. He  may  convene  and  adjoiirn 
Congress,  in  case,  ifcc:  shall  receive 
ambassadors,  execute  laws  and  com- 
mission officers. 

4.  All  civil    oflices  forfeited  for  certain 

crimes. 

ARTICLE  III. 

Sec. 

1.  Judicial  power.    Tenure.    Compensa- 

tion. 

2.  Judicial  power,   to   what  cases  it  e.x- 

tends.  Original  jurisdiction  of  Su- 
preme Court.  Appellate.  Trial  by 
jury,  except,  &c.    Trial,  where 

3.  Treason  defined.     Proof  of.     Punish- 

ment of. 


Sec. 


ARTICLE  IV. 


L  Credit  to  be  given  to  public  Acts,  &c., 
of  every  State. 

2.  Privileges  of  citizens  of  each    State. 

Fugitives  from  justice  to  be  deliv- 
ered up.  Persons  held  to  service, 
having  escaped,  to  be  delivered  up. 

3.  Admission  of    new  States.     Power  of 

Congress  over  territory  and  other 
property. 

4.  Republican  form  of  government  guar- 

anteed. Each  State  to  be  pro- 
tected. 


58 


CONSTITUTION  OF  THE 


ARTICLE  V. 

Constitution,  how  amended.    Proviso. 

ARTICLE  VI. 

Certain  debts,  Ac.,  adopted.  Supremacy 
of  Constitution,  treaties  and  laws  of 
the  United  States.  Oath  to  support 
Constitution,  by  whom  taken.  No 
religious  test. 

ARTICLE  VII. 

What  ratification  shall  establish  Constitu- 
tion. 

AMENDMENTS. 

Article. 

1.  Religious    establishment    prohibited. 

Freedom  of  speech,  of  the  press  and 
right  to  petition. 

2.  Right  to  keep  and  bear  arms. 

3.  No    soldier    to    be  quartered    in   any 

house  unless,  <fcc. 


Article  of  Amendment. 

4.  Right  of  search  and  seizure  regulated. 

5.  Provisions    concerning     prosecutions, 

trials  and  punishments  Private 
property  not  to  be  taken  for  public 
use  without,  ifec. 

6.  Further  provisions    respecting  crimi- 

nal prosecutions. 

7.  Right  of  trial  by  jury  secured. 

8.  Bail,  fines  and  punishments. 

9.  Rule  of  construction. 

10.  Same  subject. 

11.  Same  subject. 

12.  Manner    of    choosing    President    and 

Vice  President. 

13.  (1.)  Slavery  abolished.     (2.)  Power  of 

Congress,  &c. 

14.  (1.)  Who  citizens.    Privileges.    (2.)  Ap- 

portionment and  basis  of  represent- 
ation. (3.)  Political  disabilities. 
(4.)  Validity  of  public  debt:  debts 
of  the  rebellion  or  for  slaves  invalid. 
(5.)  Power  of  Congress,  &c. 

15.  (1.)  Right    to    vote    not    abridged    by 

race,  color  or  previous  condition. 
(2.)  Power  of  Congress,  &c. 


We,  the  people  of  the  United  States,  in  order  to 
Preamble  ^oYin  a  Hiore  perfect  Union,  establish  justice, 
2  Ball.,  419.      insure  domestic  tranquillity,  provide  for  the 

1  Wheat.,  304. 

4  w^heat..  316.    coiiimon  deieiise,   promote  the  general  wel- 
""^ "  '     fare,  and  secure  the  blessings  of  liberty  to 
ourselves  and  our  posterity,   do  ordain  and  establish 
this  Constitution  for  the  United  States  of  America. 

ARTICLE  I. 


powers 
whom  vested 


Section  1,    All  legislative    powers    herein  granted 

Legislative  shall  bc  vcstcd  iu  a  Congress  of  the  United 
States,  which  shall  consist  of  a  Senate  and 
House  of  Representatives. 

Sec.  2.  The  House  of  Representatives  shall  be  com- 
HouseofRep-  poscd  of  mcmbcTS  choscu  every  second  year 
hTw^and^by  ^J  ^^^  pcoplc  of  the  scvcral  States,  and  the 
whom  chosen,  glcctors  iu  cach  State  shall  have  the  qualifi- 
cations requisite  for  electors  of  the  most  numerous 
branch  of  the  State  Legislature. 

No  person  shall  be  a  Representative  who  shall  not 
Qualifications  havc  attained  to  the  age  of  twenty -five  years, 

of  a  Represent-  -,   -  ,    .  .      ^        __    . 

ative.  and  been  seven  years  a  citizen  oi  the  United 


UNITED  STATES  OF  AMERICA.  59 

States,  and  who  shall  not,   when  elected,   be   an  inhab- 
itant of  that  State  in  which  he  shall  be  chosen. 

Representatives  and  direct  taxes  shall  be  appor- 
tioned among  the  several  States  which  may  Representa- 
be  included  within  this  Union,  according  to  t!ire^s,"i]ow'ap- 
their  respective  numbers,  which  shall  be  de-  portioned. 
termined  by  adding  to  the  whole  number  of  free  per- 
sons, including  those  bound  to  service  for  a  term  of 
years,  and  excluding  Indians  not  taxed,  three-fifths  of 
all  other  persons.  The  actual  enumeration  Census. 
shall  be  made  within  three  years  after  the  first  meet- 
ing of  the  Congress  of  the  United  States,  and  within 
every  subsequent  term  of  ten  years,  in  such  manner 
as  they  shall  by  law  direct.  The  number  of  Repre- 
sentatives shall  not  exceed  one  for  every  thirty  thou- 
sand, but  each  State  shall  have  at  least  one  Repre- 
sentative ;  and  until  such  enumeration  shall  be  made 
the  State  of  New  Hampshire  shall  be  entitled  to  choose 
three,  Massachusetts  eight,  Rhode  Island  and  Provi- 
dence Plantations  one,  Connecticut  five.  New  York  six. 
New  Jersey  four,  Pennsylvania  eight,  Delaware  one, 
Maryland  six,  Virginia  ten.  North  Carolina  five,  South 
Carolina  five  and  Georgia  three. 

When  vacancies  happen  in  the  representation  from 
any   State,  the  Executive  authority    thereof    vacancies  to 
shall  issue  writs  of  election  to  fill  such  vacan-  defined. 
cies. 

The    House   of    Representatives    shall    choose   their' 
Speaker  and  other  officers;  and  shall  have  the  Power  of  choos- 

^  ingomcers,  and 

sole  power  of  impeachment.  ment!^^'*'^*''^' 

Sec.  3.   The  Senate  of  the  United   States   shall  be 

composed  of  two  Senators  from  each  State,   senators,  how 

,  -,  1         T         '   1  1  pf»'       ^^'^  ^y   whom 

chosen    by    the  Legislature    thereoi,  tor  six  chosen. 
years;  and  each  Senator  shall  have  one  vote. 


60  CONSTITUTION  OF  THE 

Immediately  after  tliey  shall  be  assembled  in  con- 
How  classified,  gequence  of  the  first  election,  they  shall  be 
divided  as  equally  as  may  be  into  three  classes.  The 
seats  of  the  Senators  of  the  first  class  shall  be  vacated 
at  the  expiration  of  the  second  year,  of  the  second 
class  at  the  expiration  of  the  fourth  year,  and  of  the 
third  class  at  the  expiration  of  the  sixth  year,  so  that 
one-third  may  be  chosen  every  second  year ;  and  if 
vacancies  happen  by  resignation,  or  other- 
tive  to  make  wisc,  duiiug  thc  rcccss  of  the  Legislature  of 
poTirtm'ents,''i'n  any  State,  the  Executive  thereof  may  make 
case,  &c.  temporary  appointments  until  the  next  meet- 
ing of  the  Legislature,  which  shall  then  fill  such  vacan- 
cies. 

No  person  shall  be  a  Senator  who   shall  not  have 

Qualifications  attained  to  the  age  of  thirty  years,  and  been 

of  a  Senator,    ^[^^q  years  a  citizcu  of  the  United  States,  and 

who  shall  not,  when  elected,  be  an  inhabitant  of  that 

State  for  which  he  shall  be  chosen. 

The  Vice  President  of  the  United    States  shall  be 

President  of  Prcsideut  of  the  Senate,    but  shall   have  no 

the  Senate,  his  ,  ,  ,  -,.-,., 

right  to  vote,    votc,  unlcss  tlicy  DC  cquallyl  divided. 

The  Senate  shall  choose  their  other  oflQcers,  and  also  a 
President  pro  Prcsidcnt  ]jro  tempore^  in  the  absence  of  the 
o'^fficeVs  of  Sen-  Vlcc  Prcsideiit,  or  when  he  shall  exercise  the 

ate,    how  cho- 

^«"-  office  of  President  of  the  United  States. 

Power  to  try  Thc  Scuatc  sliall  havc  the  sole  power  to  try 
impeachments.  ^\  inipeachiiients.  When  sitting  for  that 
purpose,  they  shall  be  on  oath  or  affirmation.     When 

When  Presi-  ^hc  Prcsidcut  of  the  United  States  is  tried, 
dent  is  tried,  ||^g  Chief  Justlcc  shall  preside;  and  no  per- 

Chief     Justice  1     _  '  ^ 

to  preside.       SOU  shall  bc  coiivictcd  without  the  concur- 
rence of  two-thirds  of  the  members  present. 

Judgment  in  cases  of  impeachment  shall  not  extend 
Sentence.      further  than   to  removal  from  office  and  dis- 


UNITED  STATES  OF  AMERICA.  Gl 

qualification  to  hold  and  enjoy  any  office  of  honor, 
trust  or  profit  under  the  United  States ;  but  the  party 
convicted  shall  nevertheless  be  liable  and  subject  to 
indictment,  trial,  judgment  and  punishment,  according 
to  law. 

Sec.  4.  The  times,  places  and  manner  of  holding 
elections  for  Senators  and  Representatives  Times,  ac.  of 
shall   be   prescribed   in   each    State  by   the  ;!"*''"7  '^^««- 

i-  "^  tions,  how  pre- 

Lesfislature  thereof;  but  the  Confess  may  sc.ibed. 

°  .  ,        ,  '  ^  ^     ,  -^    U.  S.  Statutes. 

at  any  tmie  by  law  make  or  alter  such  regu-  1842.47,22. 
lations,  except  as  to  the  places  of  choosing  Senators. 

The  Congress  shall  assemble  at  least  once  in  every 
year,  and  such  meeting  shall  be  on  the  first    one  session  in 
Monday  in  December,   unless  they  shall  by  '''■"'^'  ^'*''""- 
law  appoint  a  different  day. 

Sec.  5.  Each  house  shall  be  the  judge  of  the  elec- 
tions, returns  and  qualifications  of  its  own  Membership. 
members,  and  a  majority  of  each  shall  constitute  a 
quorum  to  do  business ;  but  a  smaller  num-  Quorum. 
ber  may  adjourn  from  day  to  day,  and  may  Adjournments. 
be  authorized  to  compel  the  attendance  of  absent  mem- 
bers, in  such  manner  and  under  such  penalties  as  each 
house  may  provide. 

Each  house  may  determine  the  rules  of  its  proceed- 
ings, and  punish  its  members  for  disorderly    Ru'es.  Power 

„  to     punish     or 

behavior,  and,  with   the  concurrence  ot  two-  cxpci. 
thirds,  expel  a  member. 

Each  house  shall  keep  a  journal  of  its  proceedings, 
and  from  time  to  time  publish  the  same,  Joumni. 
excepting  such  parts  as  may  in  their  judgment  require 
secrecy ;  and  the  yeas  and  nays  of  the  members  of 
either  house  on  any  question  shall,  at  the  desire  of  one- 
fifth  of  those  present,  be  entered  on  the  Journal. 


62  CONSTITUTION  OF  THE 

Neither  house,  during  the  session  of  Congress,  shall, 
Time  of  nd-  without  the  couseut  of  the  other,  adiourn  for 

journinent  lim-  '         J 

ited,  unless, &e.  more  tliau  three  days,  nor  to  any  other  place 
than  that  in  which  the  two  houses  shall  be  sitting. 

Sec.  6.  The  Senators  and  Representatives  shall  re- 
Compensation.  ceivc  a  Compensation  for  their  ser^dces,  to  be 
ascertained  by  law,  and  paid  out  of  the  Treasury  of  the 
United  States.     They  shall  in  all  cases,  except  treason, 

Privileges,  fclouy  aud  breach  of  the  peace,  be  privileged 
from  arrest  during  their  attendance  at  the  session  of 
their  respective  houses,  and  in  going  to  and  returning 
from  the  same ;  and  for  any  speech  or  debate  in  either 
house  they  shall  not  be  questioned  in  any  other  place. 
No  Senator  or  Representative  shall,  during  the  time 

Disquiiiifica-  for   which  he  was  elected,  be   appointed  to 

tion  in  certain  <     •^         m  t  i  i         •  n      i 

cases.  any   Civil   omce   under  the  authority  oi  the 

United  States  which  shall  have  been  created,  or  the 
emoluments  whereof  shall  have  been  increased,  during 
such  time ;  and  no  person  holding  any  office  under  the 
United  States  shall  be  a  member  of  either  house  dur- 
ing his  continuance  in  office.  ^ 

Sec.  7.  All  Bills  for  raising  revenue  shall  originate 
House  to  origi-  in    thc    Housc  of  Representatives ;     but   the 

nntG  fill   reve~ 

nue  Bills.  Sciiatc  may  propose  or  concur  with  amend- 
ments as  on  other  Bills. 

Every  Bill  which  shall  have  passed  the  House  of 
Veto.  Representatives  and   the  Senate  shall,  before 

it  becomes  a  law,  be  presented  to  the  President  of  the 
United  States.  If  he  approve,  he  shall  sign  it;  but  if  not, 
he  shall  return  it,  with  his  objections,  to  that  house  in 
which  it  shall  have  originated,  who  shall  enter  the 
objections  at  large  on  their  Journal  and  proceed  to 


UNITED  STATES  OF  AMERICA.  63 

reconsider  it.  If  after  such  reconsideration  jjiii  may  be 
two-thirds  of  that  house   shall  a<2:ree  to  pass  p/'f'^'^  ^^ '"°- 

'-'  ^  thirds  of   each 

the  Bill,  it  shall  be  sent,  together  with  the  house,   not- 

,    .  .  1  ,  ■■  T  ■,.•,.      withstanding, 

objections,  to  the  other  house,  by  which  it  ac. 
shall  likewise  be  reconsidered,  and  if  approved  by  two- 
thirds  of  that  house  it  shall  become  a  law.  But  in  all 
such  cases  the  votes  of  both  houses  shall  be  determined 
by  yeas  and  nays,  and  the  names  of  the  persons  voting 
for  and  against  the  Bill  shall  be  entered  on  the  Journal 
of  each  house  respectively.  If  any  Bill  Bin  not  re- 
shall  not  be  returned  by  the  President  within  days. 
ten  days  (Sundays  excepted)  after  it  shall  have  been 
presented  to  him,  the  same  shall  be  a  law,  in  like  man- 
ner as  if  he  had  signed  it,  unless  the  Congress  by  their 
adjournment  prevent  its  return,  in  which  case  it  shall 
not  be  a  law. 

Every  order,  resolution  or  vote  to  which  the  concur- 
rence of  the  Senate"  and   House    of  Repre-    Provision  as 

to  ji  1 1  ordsrs 

sentatives  may  be  necessary  (except  on  a  etc,  except,  etc'. 
question  of  adjournment)  shall  be  presented  to  the 
President  of  the  United  States,  and,  before  the  same 
shall  take  effect,  shall  be  approved  by  him,  or,  being 
disapproved  by  him,  shall  be  re-passed  by  two-thirds  of 
the  Senate  and  House  of  Representatives,  according  to 
the  rules  and  limitations  prescribed  in  the  case  of  a 
Bill. 

Sec.  8.   The  Congress  shall  have  power:  To  lay  and 
collect  taxes,  duties,  imposts  and  excises,  to    Powers  of 
pay  the  debts  and  provide  for  the  common  <^onsress. 
defense  and   2:eneral  welfare  of  the  United 

c^,  ,  1 1       T        •  •  ^  •  5  Wheat.,  317. 

btates,  but  all  duties,  imposts  and  excises  12 wheat.,  419. 
shall  be  uniform  throughout  the  United  States ;  to  bor- 
row   money    on    the    credit    of    the    United  9  wheat.,  1. 

,  •  .  12  Pet.,  72. 

States;  to  regulate  commerce  with  foreign  2"wheat.,259. 
nations,  and  among  the  several   States,  and  with   the 


64  CONSTITUTION  OF  THE 

Indian  tribes;  to  establish  an  uniform  rule  of  naturali- 
4  jvheat.,  122.  zation,  and  uniform  laws  on  the  subject  of 
12 Wheat., 213.  baukruptcies  throughout  the  United  States; 
to  coin  money,  regulate  the  value  thereof,  and  of  foreign 
coin,  and  fix  the  standard  of  weights  and  measures ;  to 

4  Gray,  559.  providc  for  tlic  punislimeiit  of  counterfeiting 
the  securities  and  current  coin  of  the  United  States ;  to 
establish  postoffices  and  post  roads ;  to  promote  the 
progress  of  science  and  useful  arts,  by  securing  for 
limited  times  to  authors  and  inventors  the  exclusive 
right  to  their  respective  writings  and  discoveries;  to 

5  Wheat.,  153.  coustitutc  tribuuals  inferior  to  the  Supreme 
Court ;  to  define  and  punish  piracies  and  felonies  com- 
mitted on  the  high  seas  and  offenses  against  the  law  of 
nations;  to  declare  war,  grant  letters  of  marque  and 
reprisal,  and  make  rules  concerning  cajDtures  on  land 
and  water ;  to  raise  and  support  armies,  but  no  appro- 
priation of  money  to  that  use  shall  be  for  a  longer  term 
5  Wheat.,  1.  thaii  two  ycars ;  to  provide  and  maintain  a 
12  Wheat,  19.  navy ;  to  make  rules  for  the  government  and 
regulation  of  the  land  and  naval  fctfces;  to  provide  for 
calling  forth  the  militia  to  execute  the  laws  of  the 
Union,  suppress  insurrections  and  repel  invasions;  to 
provide  for  organizing,  arming  and  disciplining  the 
militia,  and  for  governing  such  part  of  them  as  may  be 
employed  in  the  service  of  the  United  States,  reserving 
to  the  States,  respectively,  the  appointment  of  the 
officers  and  the  authority  of  training  the  militia  accord- 
ing to  the  discipline  prescribed  by  Congress ;  to  exer- 
cise exclusive  legislation  in  all  cases  whatsoever  over 
such  district  (not  exceeding  ten  miles  square)  as  may, 
by  cession  of  particular  States  and  the  acceptance  of 
Congress,  become  the  seat  of  government  of  the  United 
States,  and  to  exercise  like  authority  over  all  places 


UNITED  STATES  OF  AMERICA.  65 

purchased,  by  the  consent  of  the  Le2:islature   icn.nch.  1.37. 

r.      1         o,  •  1-11  1111^'-'  Wheat..  738. 

01  the  State  in  which  the  same  shall  be,  lor  i2WheiU..i.%. 
the  erection  of  forts,  magazines,  arsenals,  dock  yards 
and  other  needful  buildings ;  and  to  make  all  laws  which 
shall  be  necessary  and  proper  for  carrying  into  execu- 
tion the  foregoing  powers,  and  all  other  powers  vested 
by  this  Constitution  in  the  Government  of  the  United 
States  or  in  any  department  or  officer  thereof. 

Sec.  9.   The  migration  or  importation  of  such  per- 
sons as  any  of  the   States  now  existing  shall     „     .  . 
think  proper  to  admit  shall  not  be  prohibited  »<>  mignition  or 

.  .  ,  import;Lti(5n   of 

by  the  Congress  prior  to  the  year  one  thou-  certain  per- 
sand  eight  hundred  and  eight,  but  a  tax  or  '""'" 
duty  may  be  imposed  on  such  importation,  not  exceed- 
ing ten  dollars  for  each  person. 

The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended,  unless  when,  in  cases  of  rebel-    n^hens  cor- 
lion  or  invasion,  the  public  Seifety  may  require    4  cranch.  75. 
it. 

No  bill  of  attainder  or  ex  post  facto  law    biiis  ofat- 

^  tainder^itc. 

shall  be  passed.  sDaii.,  38t;. 

No  capitation  or  other  direct  tax  shall  be  ^-^^''^''''^••^i'^- 
laid,  unless  in  proportion  to   the   census  or  apportioned. 
enumeration  hereinbefore  directed  to  be  taken. 

No  tax  or  duty  shall"  be  laid  on  articles  exported 
from  any  State.  aSy.  '"''"'' 

No  preference   shall  be  given  by  any  regulation  of 
commerce   or   revenue  to  the  ports  of  one    No  commer- 
State  over  those  of  another,  nor  shall   ves-  cnces. 
sels  bound  to  or  from  one  State  be  obliged  to  enter, 
clear  or  pay  duties  in  another. 

9 


66  CONSTITUTION  OF  THE 

No  money  shall  be  drawn  from  the    Treasury  but 

No  money  ill  couscquence  of  appropriations  made  by 

drawn  from  |^^ .  j^j^^j  g^  reffular  Statement  and  account  of 

Treasury,    un-  '  o 

less,  &o.  the  receipts  and  expenditures  of  all  public 

money  shall  be  published  from  time  to  time. 

No  title  of  nobility  shall  be  granted  by  the  United 

No  titular  States;  and  no  person  holding  any  office  of 

"'il^'^^'         profit  or  trust  under  them  shall,  without  the 

Oracersnotto  ^  ' 

receive  pres-  couscnt  of  the  Cougrcss,  acccpt  of  any  pres- 
,te.    '  '  ent,   emolument,  office  or  title  of  any  kind 

whatever,  from  any  King,  Prince  or  foreign  State. 
Sec.  10.  No  State  shall   enter  into  any  treaty,  alli- 
states  pro-  aucc    or    Confederation;      grant    letters    of 
ule'extrcisrS-  ^arque  and  reprisal ;  coin  money ;  emit  bills 
certain  powers.  Qf  credit;  make  any  thing  but  gold  and  sil- 

11  Pet.,  257, 420.  _        '  . 

5  Gray,  297.  vcr  coin  a  tcndcr  in  payment  of  debts ;  pass 
any  bill  of  attainder,  ex  j^ost  facto  law,  or  law  impair- 

12  Wheat.,  419.  ing  thc  obligation  of  contracts,  or  grant  any 
title  of  nobility.  No  State  shall,  without  the  consent 
of  the  Congress,  lay  any  imposts  or   duties  on  imports 

or  exports,  except  what  may  be  absolutely  necessary 
for  executing  its  inspection  laws :  and  the  net  produce  of 
all  duties  and  imposts  laid  by  any  State  on  imports  or  ex- 
ports shall  be  for  the  use  of  the  Treasury  of  the  United 
States ;  and  all  such  laws  shall  be  subject  to  the  revision 
and  control  of  the  Congress.  No  State  shall,  without 
12  Wheat.,  419.  thc  couscut  of  CongTcss, '  lay  any  duty  of 
tonnage,  keep  troops  or  ships  of  war  in  time  of  peace, 
enter  into  any  agreement  or  compact  with  another 
State,  or  with  a  foreign  power,  or  engage  in  war,  un- 
less actually  invaded  or  in  such  imminent  danger  as 
will  not  admit  of  delay. 


UNITED  STATES  OF  AMERICA.  G7 

ARTICLE  II. 

Section  1.  The  Executive  power  shall  be  vested  in  a 
President  of  the  United  States  of  America.    President  nnd 
He  shall  hold  his  office  during  the  term  of  I;;:i^7:;i'^:;i. 
four  years,  and,  together  with  the  Vice  Pre-  °^^^- 
sident,  chosen  for  the  same  term,  be  elected  as  follows: 

Each    State    shall    appoint,   in  such  manner  as  the 
Le2jislature  thereof  may  direct,  a  number  of     „ 

^  ./  '  Electors    of 

Electors  equal  to  the  whole  number  of  Sen-  President  and 
ators  and  Representatives  to  which  the  State  -Immber'nmi 
may  be  entitled  in  the  Congress;  but  no  ^"^' "'""'"''^ 
Senator  or  Representative,  or  person  holding  an  office 
of  trust  or  profit  under  the  United  States,  shall  be  ap- 
pointed an  Elector. 

*[The  Electors  shall  meet  in  their  respective  States 
and  vote  by  ballot  for  two  persons,  of  whom  Amendment 
one  at  least  shall  not  be  an  inhabitant  of  the  ^l^  for"*thL 
same  State  with  themselves.  And  they  shall  P'lragraph. 
make  a  list  of  all  the  persons  voted  for,  and  of  the 
number  of  votes  for  each ;  which  list  they  shall  sign 
and  certify  and  transmit  sealed  to  the  seat  of  the  Gov- 
ernment of  the  United  States,  directed  to  the  President 
of  the  Senate.  The  President  of  the  Senate  shall,  in 
the  presence  of  the  Senate  and  House  of  Representa- 
tives, open  all  the  certificates,  and  the  votes  shall  then 
be  counted.  The  person  having  the  greatest  number 
of  votes  shall  be  the  President,  if  such  number  be  a 
majority  of  the  whole  number  of  Electors  appointed ; 
and  if  there  be  more  than  one  who  have  such  majority, 
and  have  an  equal  number  of  votes,  then  the  House  of 
Representatives  shall  immediately  choose  by  ballot  one 
of  them  for  President;  and  if  no  person  have  a  ma- 
jority, then  from  the  five  highest  on  the  list  the  said 

*This  paragraph  has  been  superseded  and  annulled  by  the  12th  amendment. 


68  CONSTITUTION  OF  THE 

House  shall,  in  like  manner,  choose  the  President.  But 
in  choosing  the  President,  the  votes  shall  be  taken  by 
States,  the  representation  from  each  State  having  one 
vote ;  a  quorum  for  this  purpose  shall  consist  of  a 
member  or  members  from  two-thirds  of  the  States,  and 
a  majority  of  all  the  States  shall  be  necessary  to  a 
choice.  In  every  case,  after  the  choice  of  the  Presi- 
dent, the  person  having  the  greatest  number  of  votes 
of  the  Electors  shall  be  the  Vice  President.  But  if 
there  should  remain  two  or  more  who  have  equal  votes, 
the  Senate  shall  choose  from  them  by  ballot  the  Vice 
President.] 

The  Congress  may  determine  the  time  of  choosing 
Electors  to  vote  thc  Elcctors,  and  tlic  day  on*  which  they  shall 
u!  s.TtatuIes.  E^^^  thclr  votes,  which  day  shall  be  the 
1845, 1.  same  throughout  the  United  States. 

No  person  except  a  natural  born  citizen,  or  a  citizen 
Qualifications  ^^  ^^^^  Uultcd  States,  at  the  time  of  the  adop-  ■ 
of  President,  ^^q^  of  tMs  Coustitutlou,  shall  be  eligible  to 
the  office  of  President;  neither  shall  any  person  be 
eligible  to  that  office  who  shall  not  have  attained  to 
the  age  of  thirty-five  years  and  been  fourteen  years  a 
resident  within  the  United  States. 

In  case  of  the  removal  of  the  President  from  office, 

On  whom  his  <^i'  ^f   his   death,   resignation  or  inability  to 

duties  devolve  clischar2:e  thc  powers  and  duties  of  the  said 

in  case  of  his  *-'  ^ 

removai.death,  officc,  the  sauic  shall  dcvolvc  on  the  Vice 
U.S.  statutes,  Prcsidcut ;  and  the  Congress  may,  by  law, 
1-92,8,  uo.  provide  for  the  case  of  removal,  death,  re- 
signation or  inability  both  of  the  President  and  Vice 
President,  declaring  what  officer  shall  then  act  as  Presi- 
dent, and  such  officer  shall  act  accordingly  until  the 
disability  be  removed  or  a  President  shall  be  elected. 


UNITED  STATES  OF  AMERICA.  69 

The  President  shall,  sxi  stated  times,  receive  for  his 
services  a  compensation,  which  shall  neither  President's 
be  increased  nor  diminished  durin<]^  the  period  ^"'"""^"f"''""- 

o  i  U    b.  btatutes, 

for  which  he  shall  have  been  elected,  and  he  1793.9. 

,     „  .  .   1  .        ,  .      T  ,  185.%  97.  ?  4. 

shall  not  receive  withm  that  period  any  other 
emolument  from  the  United  States  or  any  of  them. 

Before  he  enter  on  the  execution  of  his  office  he 
shall  take  the  following  oath  or  affirmation : 

"I   do   solemnly  swear    (or  affirm)  that  I  will  faith- 
fully execute  the  office  of  President  of  the    "is  oatu. 
United  States,  and  will,  to  the  best  of  my  ability,  pre- 
serve,   protect    and    defend   the    Constitution    of    the 
United  States." 

Sec.  2.  The  President  shall  be  Commander-in-Chief 
of  the  army  and  navy  of  the  United  States,  President  to  be 
and  of  the  militia  of  the  several  States  when  Commander- 

lu-Uhiet. 

called  into  actual  service  of  the  United 
States.  He  may  require  the  opinion,  in  He  may  re- 
writing, of  the  principal  officer  in  each  of  the  of.  &c.,  and 
Executive  Departments  upon  any  subject  re-  ^""^  pardon. 
lating  to  the  duties  of  their  respective  offices ;  and  he 
shall  have  power  to  grant  reprieves  and  pardons  for 
offenses  against  the  United  States,  except  in  cases  of 
impeachment. 

He  shall  have  power,  by  and  with  the  advice  and 
consent  of  the  Senate,  to  make  treaties,  pro-  Treaty  mak- 
vided   two-thirds   of    the    Senators   present  rcranduy'isT. 

2  Pet..  253. 

concur  ;  and  he  shall  nominate,   and,  *by  and  12  Pet*.,  524. 

'  '  '        •'  16  ret.,  415. 

with  the  advice  and  consent  of  the  Senate,  ^f  ^ertain^'ot^ 
shall  appoint,  Ambassadors,  other  public 
Ministers  and  Consuls,  Judges  of  the  Supreme  Court, 
and  all  other  officers  of  the  United  States  whose  ap- 
pointments are  not  herein  otherwise  provided  for,  and 
which  shall  be  established  by  law  ;  but  the  ^  p^t  _  gn. 
Congress  may,  by  law,  vest  the  appointment  ^^ ^^^- ^^- 


70  CONSTITUTION  OF  THE 

of  such  inferior  officers  as  they  think  proper  in  the 
President  alone,  in  the  Courts  of  law  or  in  the  heads 
of  departments. 

The  President  shall  have  power  to  fill  up  all  vacan- 
when  Presi-  cies  that  mav  happen  durinor  the  recess  of 

ilent    may    till  ;  ^  ^      .  °     .      . 

vacancies.  thc  Seuatc,  Dj  granting  commissions  which 
shall  expire  at  the  end  of  their  next  session. 

Sec.  3.  He  shall  from  time  to  time  give  to  the  Con- 
President  grcss  iufopmatiou  of  the  state  of  the  Union, 

shall     eommu-  _  t  i      •  •  t  • 

nicate  to  Con-  aud  rccommend  to  their  consideration  such 

^^^^^'  measures  as  he  shall  judge  necessary  and  ex- 

He  may  con- 
vene  and  ad-  pcdieut.  Hc  may,  on  extraordinary  occasions, 

in"ca"e,  Te!"'^^  couveuc  both  houscs,  or  either  of  them,  and, 

in  case  of  disagreement  between  them  with  respect  to 

the  time  of  adjournment,  he  may  adjourn  them  to  such 

Shall  receive  timC  aS  hc  shall     tllink  proper  ;      he     shaU     re- 
Ambassadors;  •  A         1  ^  11  IT         HIT'      ' 

execute  laws  ccivc  Amoassadoi's  and  other  public  Mmis- 
si1)n  officers!"  tcrs ;  he  shall  take  care  that  the  laws  be 
faithfully  executed,  and  shall  commission  all  the  officers 
of  the  United  States. 

Sec.  4.  The  President,   Yice  President  and  all  civil 
All  civil  officers  of  the  United  States  shall  be  removed 

offices  forfeited   it  xxt  '  i.  j.  r  i 

for  certain  froiu  omce  ou  impeachmcut  tor  and  convic- 
crimes.  ^jqj^  ^f  trcasou,  bribery  or  other  high  crimes 

and  misdemeanors. 

ARTICLE  HI. 

Section  1.  The  judicial  power  of  the  United  States 

Judicial  shall  be  vested  in  one  Supreme  Court  and  in 

power.  such  inferior   Courts  as  the    Congress  may 

from  time  to  time   ordain  and   establish.     The  Judges, 

both  of  the   Supreme  and  inferior   Courts,    shall   hold 

Tenure.        their  officcs  duriug  good  behavior,  and  shall, 


UNITED  STATES  OF  AMERICA.  71 

at  stated  times,  receive  for  their  services  a  compensa- 
tion, which  shall  not  be  diminished  during  Compensation. 
their  continuance  in  office. 

Sec.  2.  The  judicial  power  shall  extend  to  all  cases 
in  law  and  equity  arising  under  this   Consti-  ^/"'^i^;*''^,",,'^; 
tution,   the  laws   of  the   United  States,    and  'i;^l%_  '^    ^''" 
treaties  made,  or  which  shall  be  made,  under  'j  or!'nch.^?o7. 
their  authority  ;  to  all  cases  affecting  Ambas- iPet.liiL 
sadors,   other  public  Ministers  and  Consuls;  •'^"i'«t-."^- " 
to  all  cases  of  admiralty  and  maritime  jurisdiction ;    to 
controversies    to    which    the    United    States     gp^  amend- 
shall  be  a  party ;    to  controversies  between  "*'"'^^- 
two  or  more  States ;    between  a  State  and  citizens  of 
another   State;    between   citizens  of  different   States; 
between    citizens   of   the    same    State    claiming   lands 
under  grants  of  different  States ;    and  between  a  State, 
or  the  citizens  thereof,  and  foreign  States,   citizens  or 
subjects. 

In   all   cases   affecting    Ambassadors,    other   public 
Ministers  and  Consuls,   and  those  in  which  a     original  ju- 
State  shall  be  a  party,   the   Supreme   Court  t:^Z,J^ 
shall  have  original  jurisdiction.     In  all  the    ^ppg„^jg 
other  cases  before  mentioned  the  Supreme  'Cmneh.  ins. 

.       .  ,1  Wheat..  :5U4. 

Court  shall  have  appellate  jurisdiction,  both 

as  to  law   and  fact,   with  such   exceptions  and  under 

such  regulations  as  the  Congress  shall  make. 

The  trial  of  all  crimes,  except  in  cases  of  impeach- 
ment, shall  be  by  jury,  and  such  trial  shall  Trial  by  jury, 
be  held  in  the  State  where  the  said  crimes  '''""'^^' 
shall  have  been  committed ;  but  when  not 
committed  within  any  State  the  trial  shall  be  at  such 
place  or  places  as  the  Congress  may  by  law  have 
directed. 


72  CONSTITUTION   OF  THE 

Sec.  3.   Treason  against  the  United  States  shall  con- 
Treason  de-  sist  only  in  levying  war  against  them  or  in 

fined.  -,         .  ,      .  .  .     .  ,  .  , 

1  Daii ,  56.       adhermg  to  theu^  enemies,   givmg  tnem  aid 

2  Dull..  348.      ^^^  comfort.     No  person  shall  be  convicted 

Proof  of.  -,  ,  ,  .  ly  J.  '  J. 

4Cranch,  470.  oi  trcasoii  uiiless  on  the  testimony  ot  two  wit- 
nesses to  the  same  overt  act  or  on  confession  in  open  Court. 
The  Congress  shall  have  power  to  declare  the  pun- 
Punishmentof.  islimcnt  of  trcason,  but  no  attainder  of  trea- 
son shall  work  corruption  of  blood  or  forfeiture,  except 
during  the  life  of  the  person  attainted. 

ARTldLE  IV. 

Section  1.  Full  faith  and  credit  shall  be  given  in 

Credit  to  pub-  each  State  to  the  public  Acts,  records  and  Ju- 
ne Acts,  &c..  of    -,.    .    ^  J.  n  J.-U  Cj.    i. 

every  State,  dicial  proccediugs  OI  every  other  fetate. 
imir^'"'^^"  ^''^^  th<5  Congress  may  by  general  laws  pre- 
]804, 56.  scribe  the  manner  in  which  such  Acts,  records 

7  Cranch.  481.  ' 

3  Wheat..  234.  aud  proccediugs  shall  be  proved  and  the 
effect  thereof. 

Privileges      Sec.  2.  Thc  cltizcns  of  each  State  shall  be 

of    citizens    of  .   -      _  -.,  •     -i  -j      •  •••  n 

each  State.  cutitlcd  to  all  privuegcs  and  immunities  oi 
3Gnry!'276.'      citizcus  iu  tlic  scvcral  States. 

A  person  charged  in  any  State  with  treason,   felony 
Fugitives  or  other  crime   who  shall  flee  from  justice 
bT"deHt?redandbefoundin  another   State  shall,   on  de- 
"''•  mand  of  the  Executive  authority  of  the  State 

from  which  he  fled,  be  delivered  up,  to  be  removed  to 
the  State  having  jurisdiction  of  the  crime. 

No  person  held  to  service  or  labor  in   one   State, 

Persons  held  uudcr  the  laws  thereof,  escaping  into  another 

J°g''Jcrped'To  shall,  in  consequence  of  any  law  or  regula- 

be    delivered  ^jqj^  thcrciu,  be  dlschargcd  from  such  service 

u.  s.  Statutes,  or  laboT,  but  shall  be  delivered  up  on  claim 

1793,  7.  '  -11 

16  Pef"'539.  of  the  party  to  whom  such  service  or  labor 
may  be  due. 


UNITED  STATES  OF  AMERICA.  73 

Sec.  3.  New  States  may  be  admitted  by  the  Congress 
into  this  Union ;  but  no  new  State  shall  be  Admission  of 
formed  or  erected  within  the  jurisdiction  of  "*'''' ^^"''''• 
any  other  State,  nor  any  State  be  formed  by  the  junc- 
tion of  two  or  more  States,  or  parts  of  States,  without 
the  consent  of  the  Legislatures  of  the  States  concerned, 
as  well  as  of  the  Congress. 

The  Congress  shall  have  power  to  dispose  of  and 
make  all  needful  rules  and  regulations  respect-  p^^^gr  of  Con- 
ine; the  territory  or  other  property  belona:-  ^'■*^''  '''''^'"  *"" 

^     o  ./  11  J        ^  p     r  1 1  o  r  y      a  n  a 

ing  to  the  United  States;  and  nothing  in  other  property. 
this  Constitution  shall  be  so  construed  as  to  prejudice 
any  claims  of  the  United  States  or  of  any  particular 
State. 

Sec.  4.  The  United  States  shall  guarantee  to  every 
State  in  this  Union  a  republican  form  of  gov-  Republican 
ernment,    and    shall    protect   each    of    them  f"""  ofg..vern- 

J-  ment    guaran- 

against  invasion,  and,  on  application  of  the  teed, 
Legislature,  or  of  the  Executive,  (when  the    Each  state  to 
Legislature    cannot   be    convened,)    against  '^e protected. 
domestic  violence. 

ARTICLE  V. 

Congress,  whenever  two-thirds  of  both  houses  shall 
deem  it  necessary,  shall  propose  amendments  constitution. 
to  this  Constitution,  or,  on  the  appHcation  of  ^"^  'iiiended. 
the  Legislatures  of  two-thirds  of  the  several  States, 
shall  call  a  Convention  for  proposing  amendments, 
which,  in  either  case,  shall  be  valid  to  all  intents  and 
purposes,  as  part  of  this  Constitution,  when  ratified  by 
the  Legislatures  of  three-fourths  of  the  several  States, 
or  by  Conventions  in  three-fourths  thereof,  as  the  one 
or  the  other  mode  of  ratification  may  be  proposed  by 
the  Congress:  Pro  y/^/a/.  That  no  amendment    Proviso. 


74  CONSTITUTION  OF  THE 

which  may  be  made  prior  to  the  year  one  thousand 
eight  hundred  and  eight  shall  in  any  manner  affect  the 
first  and  fourth  clauses  in  the  ninth  Section  of  the  first 
Article ;  and  that  no  State,  without  its  consent,  shall  be 
deprived  of  its  equal  suffrage  in  the  Senate. 

ARTICLE   VI. 

All  debts  contracted  and  engagements  entered  into 

Certain  debts,  b^fore     thc    adoptlou   of    this     Constitution 

&c.,  adopted,    gjjj^u  i^g  g^g  Y^i[^  against  the  United  States 

under  this  Constitution  as  under  the  confederation. 

This  Constitution,  and  the  laws  of  the  United   States 
Supremacy  of  which  shall  bc  uiadc  in  pursuance  thereof, 

Constitution,  ini  •  ^  i-iini 

treaties  and  auQ  all  thc  trcatics  made,  or  wnicn  snail  be 
United  statls.^  made,  under  the  authority  of  the  United 
States,  shall  be  the  supreme  law  of  the  land ;  and  the 
Judges  in  every  State  shall  be  bound  thereby,  anything 
in  the  Constitution  or  laws  of  any  State  to  the  contrary 
notwithstanding. 

The  Senators  and  Representatives  before  mentioned, 
Oath  to  support  aud  tlic  uiembcrs  of  the  several  State  Legis- 

Constitution,  ^  t      n  ■•  i     •      t    •    i      i>e 

by  whom  taken  laturcs,  aud  all  executive  and  judicial  omcers, 
both  of  the  United  States  and  of  the  several  States, 
shall  be  bound  by  oath  or  affirmation  to  support  this 
No  religious  Constitutlou ;  but  no  religious  test  shall  ever 
test.  ]3g  required  as  a  qualification  to  any  office  or 

public  trust  under  the  United  States. 

ARTICLE   VIL 

What  ratifica-  Thc  ratification  of  the  Conventions  of  nine 
tillish^consTi-  States  shall  be  sufficient  for  the  establishment 
tution.  Qf  i^ijjg    Constitution   between  the    States  so 

ratifying  the  same. 


UNITED  STATES  OF  AMERICA. 


In  Addition  to,  and  Amendment  of,  the  Constitution 
OF  THE  United  States  of  America,  Proposed  by 
Congress  and  Ratified  by  the  Legislatures  of 
the  Several  States,  Pursuant  to  the  Fifth 
Article  of  the  Original  Constitution. 


ARTICLE  L 

Confess  shall  make  no  law  respectins^  an    Religious 

,  ,.    ,  p         •,.     .  ,.,..,        establishment 

establishment  oi  religion  or  prohibiting  the  prohibited. 
frele   exercise  thereof;     or  abriclgmg  the  freedom  of 
speech,  or  of  the  press ;     or  the  right  of  the  gpeech?'lTthf 
people  peaceably  to  assemble  and  to  petition  to  peti^tion"^  ' 
the  government  for  a  redress  of  grievances. 

ARTICLE  IL 

A  well  regulated  militia  being  necessary  to  the 
security  of  a  free  State,  the  right  of  the  peo-  Riphttokeep 
pie  to  keep  and  bear  arms  shall  not  be  in- """^  ^®'"" '''™^- 
fringed. 

ARTICLE  III. 

No  soldier  shall  in  time  of  peace  be  quartered  in 
any  house   without  the  consent  of  the  owner,  bc^ua?tered  In 

,•  r>  1       J.     •  J.        1        any  house,  un- 

nor  m   time  or  war   but  in  a  manner  to  be  less.  .tc. 
prescribed  by  law. 

ARTICLE  IV. 

The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers  and  effects  against  unreason-  Rightofsearch 
able  searches  and  seizures  shall  not  be  vio-  "n^i  seizure 

regulated. 

lated,  and  no  warrants  shall  issue  but  upon  3  cranch.  448. 


76  CONSTITUTION  OF  THE 

probable  cause,  supported  by  oath  or  affirmation,  and 
particularly  describing  the  place  to  be  searched  and 
the  persons  or  things  to  be  seized. 

ARTICLE  y. 

No  person  shall  be  held  to  answer  for  a  capital  or 

„     .  .       otherwise  infamous  crime   unless  on  a  pre- 

concerning  sentment  or   indictment    of  a    Grand   Jury, 

prosecutions,  .  .,.,,, 

trials  iinJ  pun-  cxccpt  in  cascs  arismg  m  the  land  or  naval 
IS  ments.  forccs.  Or  in  the  militia  when  in  actual  service 
2 Sumner.  19.  in  tluic  of  War  Or  pubHc  danger;  nor  shall 
any  person  be  subject  for  the  same  offense  to  be  twice 
put  in  jeopardy  of  life  or  limb ;  nor  shall  be  compelled 
Private  prop-  in  auy  criminal  case  to  be  a  witness  against 
taken  for  pub-  hlmsclf ;   uor  be   deprived  of  life,  liberty  or 

lie    use     with-  ,  -j^i         j.      t  r  ^ 

ouu&o.  property  without  due  process  oi  law;    nor 

7  Pet..  243.  shall  privatc  property  be  taken  for  public  use 
without  just  compensation. 

ARTICLE  VL 

In  all  criminal  prosecutions  the  accused  shall  enjoy 
Further  pro-  tlic  right  to  a  spccdy  and  public  trial  by  an 
in'g^crimTnai  impartial  jury  of  the  State  and  district 
prosecutions.  -^-Iiereiii  the  crime  shall  have  been  committed, 
which  district  shall  have  been  previously  ascertained 
by  liiw ;  and  to  be  informed  of  the  nature  and  cause  of 
the  accusation;  to  be  confronted  with  the  witnesses 
against  him ;  to  have  compulsory  process  for  obtaining 
witnesses  in  his  favor,  and  to  have  the  assistance  of 
counsel  for  his  defense. 


UNITED  STATES  OF  AMERICA.  77 

ARTICLE    yil. 

In  suits  at  common  law,  where  the  value  in  contro- 
versy shall  exceed  twenty  dollars,  the  right  Ri^htoftriui 
of  trial  by  jury  shall  be  preserved,  and  no  jy^^^^a'j;"'"''^ 
fact  tried  by  a  jury  shall  be  otherwise  re-  5  omy,  i44. 
examined  in  any  Court  of  the  United  States  than  ac- 
cording to  the  rules  of  the  common  law. 

ARTICLE   Vin. 

Excessive  bail  shall  not  be  required,  nor  excessive 
fines    imposed,  nor  cruel  and   unusual  pun-  Bails,  fines  and 

•*■.        .  punishments. 

ishments  inflicted.  5  Gray,  482. 

ARTICLE  IX. 

The  enumeration  in  the  Constitution  of  certain  rights 

shall  not  be  construed  to  deny  or  disparage    Ruie  of  con- 
struction. 
others  retamed  by  the  people. 

ARTICLE  X. 

The  powers  not  delegated  to  the  United   States  by 
the  Constitution,  nor  prohibited  by  it  to  tlie  g^^g  subject. 
States,  are  reserved  to  the  States  respectively,  ^  "'■"^'  ^'^'^• 
or  to  the  people. 

ARTICLE  XL 

The  judicial  power  of  the  United  States  shall  not  be 
construed  to  extend  to  any  suit  in  law  or  same  subject. 
equity  commenced  or  prosecuted  against  one  '^  ^''"-  ^'^• 
of  the  United  States  by  citizens  of  another  State,  or 
by  citizens  or  subjects  of  any  foreign  State. 


78  CONSTITUTION  OF  THE 

ARTICLE   XII. 

The  Electors  shall  meet  in  their  respective  States  and 
Manner  of  votc  bj  ballot  for  Prcsideiit  and  Vice  Presi- 
dtntTnd^vTce  ^^^nt,  onc  of  whom,  at  least,  shall  not  be  an 
President.       inhabitant  of  the  same  State  with  themselves ; 
they  shall  name  in  their  ballots  the  person  voted  for  as 
President,  and  in  distinct  ballots  the  person  voted  for 
as  Vice  President,  and  they  shall  make  distinct  lists  of 
all  persons  voted  for  as  President  and  of  all   persons 
voted  for   as  Vice  President,    and  of  the  number    of 
votes  for   each,  which  lists  they  shall  sign  and  certify 
and  transmit  sealed  to  the  seat  of  government  of  the 
United  States,  directed  to  the  President  of  the  Senate. 
The  President  of  the   Senate  shall,  in  the  presence  of 
the  Senate  and  House  of  Representatives,  open  all  the 
certificates,  and  the  votes  shall  then  be  CQunted.     The 
person  having  the  greatest  number  of  votes  for  Presi- 
sident  shall  be  the  President,  if  such  number  be  a  ma- 
jority of  the  whole  number  of  Electors  appointed ;  and 
if  no  person  have  such  a  majority,  then  from  the  per- 
sons having  the  highest  number,  not  exceeding  three, 
on  the  list  of  those  voted  for  as  President,  the  House 
of  Representatives  shall  choose  immediately,  by  ballot, 
the   President.      But   in    choosing    the   President   the 
votes  shall  be  taken  by  States,  the  representation  from 
each  State  ha\ang  one  vote ;  a  quorum  for  this  purpose 
shall  consist  of  a  member  or  members  from  two-thirds 
of  the  States,  and  a  majority  of  all  the  States  shall  be 
necessary  to   a  choice.     And  if  the   House  of  Repre- 
sentatives shall  not  choose  a  President,  whenever  the 
right   of  choice  shall   devolve  upon  them,  before  the 
fourth  day  of  March  next  following,   then  the  Vice 
President  shall  act  as  President,  as  in  the  case  of  the 
death  or  other  constitutional  disability  of  the  President. 


UNITED  STATES  OF  AMERICA.  79 

The  person  having  the  greatest  number  of  same  subject. 
votes  as  Vice  President  shall  be  the  Vice  President,  if 
such  number  be  a  majority  of  the  whole  number  of 
Electors  appointed ;  and  if  no  person  have  a  majority, 
then  from  the  two  highest  numbers  on  the  list  the 
Senate*  shall  choose  the  Vice  President ;  a  quorum  for 
the  purpose  shall  cousist  of  two-thirds  of  the  whole 
number  of  Senators,  and  a  majority  of  the  whole  num- 
ber shall  be  necessary  to  a  choice.  But  no  same  subject. 
person  constitutionally  ineligible  to  the  office  of  Presi- 
dent shall  be  eligible  to  that  of  Vice  President  of  the 
United  States. 

ARTICLE  XIII. 

Section  1.  Neither  slavery  nor  involuntary  servitude, 
except  as  a  punishment  for  crime,  whereof    slavery aboi- 
the  party   shall  have  been   duly  convicted,  ^*^'''^- 
shall  exist  within  the  United  States  or  any  place  sub- 
ject to  their  jurisdiction. 

Sec.  2.  Congress  shall  have  power  to  enforce  this 
Article  by  appropriate  legislation. 

ARTICLE  XIV. 

Section  1.  All  persons  born  or  naturalized  in  the 
United  States  and  subject  to  the  jurisdiction  whoareciti- 
thereof  are  citizens  of  the  United  States  and  ^''"'• 
of  the  State  wherein  they  reside.  No  State  shall  make 
or  enforce  any  law  which  shall  abridge  the  privileges 
or  immunities  of  citizens  of  the  United  Privileges. 
States ;  nor  shall  any  State  deprive  any  person  of  life, 
liberty  or  property  without  due  process  of  law ;  nor 
deny  to  any  person  within  its  jurisdiction  the  equal 
protection  of  the  laws. 


80  CONSTITUTION  OF  THE 


Sec.  2.   Representatives  shall  be  apportioned  among 
Apportion-  tlie  sevcral  States  according  to  their  respect- 

ment  of  repre-    .  ,  ,•  ,i  i      i  i  c 

sentation.  ive  numoers,  countmgthe  whole  number  oi 
persons  in  each  State,  excluding  Indians  not  taxed ; 
but  when  the  right  to  vote  at  any  election  for  the  choice 
of  Electors  for  President  and  Vice  President  of  the 
United  States,  Representatives  in  Congress,  the  execu- 
tive and  judicial  officers  of  a  State,  or  the  members  of 
the  Legislature  thereof,  is  denied  to  any  of  the  male 
inhabitants  of  such  State,  being  twenty-one  years  of 
age  and  citizens  of  the   United  States,   or  in   any  way 

j>^^ig of  rgp.. abridged,  except  for  participation  in  rebel- 
rese.itation.  \\qx\^  or  othcr  crlmc,  the  basis  of  representa- 
tion therein  shall  be  reduced  in  the  proportion  which 
the  number  of  such  male  citizens  shall  bear  to  the 
whole  number  of  male  citizens  twenty-one  years  of  age 
in  such  State. 

Sec.  3.  No  person  shall  be  a  Senator  or  Representa- 

Poiiticii  (lis-  ti"^^  i'-^  Congress,  or  Elector  of  President  and 
abilities.  Vice  President,  or  hold  any  office,  civil  or 
military,  under  the  United  States  or  under  any  State, 
who,  having  previously  taken  an  oath  as  a  member  of 
Congress,  or  as  an  officer  of  the  United  States,  or  as  a 
member  of  any  State  Legislature,  or  as  an  executive 
or  judicial  officer  of  any  State,  to  support  the  Consti- 
tution of  the  United  States,  shall  have  engaged  in 
insurrection  or  rebellion  against  the  same  or  given  aid 

Removal  of  or  comfort  to  tlic  euemics  thereof     But  Con- 

political      dia-  -  <  f>     <  l.^   •     ^  d  l 

abilities.  gress  may,  by  a  vote  oi  two-thirds  oi  each 
house,  remove  such  disability. 

Sec.  4.   The  validity  of  the  public  debt  of  the  United 

Validity  of  States  authorized  by  law,  including  debts  in- 

the  public  debt  currcd  for  payment  of  pensions  and  bounties 

for  services  in  suppressing  insurrection  or  rebellion, 

shall  not  be  questioned.     But  neither  the  United  States 


UNITED  STATES  OF  AMERICA.  81 

nor  any  State  shall  assume  or  pay  any  debt    Debts  of  the 

,,.  .  .  ,.  .  -,       p     .  ,  rebellion  or  for 

or  obligation  incurred  m  aid  oi  insurrection  sieves  invalid. 
or  rebellion  against  the  United  States  or  any  claim  for 
the  loss  or  emancipation  of  any  slave ;  but  all  such 
debts,  obligations  and  claims  shall  be  held  illegal  and 
void. 

Se€.  5.   The  Congress  shall  have  power  to  enforce, 
by  appropriate  legislation,   the  provisions  of  Power  of  con- 

-.   .        .        .    ,  gross     to     en- 

this  Article.  ^         force. 

ARTICLE  XV. 

Section  1.   The  right  of  citizens  of  the  United  States 
to  vote  shall  not  be  denied  or  abridged  by    Right  to  vote 

.  .  _^  not      abiiflged 

the  United  fetates  or  by  any  btate  on  ac-  by  mce,  color 
count  of  race,  color  or  previous  condition  of  eomiitior'""'' 
servitude. 

Sec.  2.   The  Congress  shall  have  power  to  enforce 
this  Article  by  appropriate  legislation. 

[Note. — The  Constitution  was  adopted  17th  September,  1787,  b.v  the  unanimous 
consent  of  the  States  present  in  the  Convention  appointed  in  pursuance  of  the  resolu- 
tion of  the  Congress  of  the  Confederation,  of  the  21st  February,  1787,  and  was  ratified 
by  tlie  Conventions  of  the  several  States,  as  follows,  viz.:  By  Convention  of  Delaware, 
7th  December,  1787;  Pennsylvania,  12th  Deceml/er,  1787;  New  Jersey,  18th  December, 
1787;  (Jeorgia,  2d  January,  1788  ;  Connecticut,  9th  January,  1788  ;  Massachusetts,  6th 
February,  1788;  Maryland,  28th  April,  1788;  South  Carolina,  23d  May,  1788;  New 
Hampshire.  21st  June,  1788;  Virginia,  26th  June,  1788;  New  York,  26th  July,  1788; 
North  Carolina,  21st  November,  1789;  Rhode  Island,  29th  May,  1790. 

The  first  ten  of  the  amendments  were  proposed  at  the  first  session  of  the  First  Con- 
gress of  the  United  States,  2oth  September,  1789,  and  were  finally  ratified  by  the  Con- 
stitutional number  of  States  on  the  15th  day  of  December,  1791.  The  eleventh  amend- 
ment wa.s  proposed  at  the  first  session  of  the  Third  Congress,  5th  March,  1794,  and  was 
declared  in  a  message  from  the  President  of  the  United  States  to  both  houses  of  Con- 
gress, dated  8th  January,  1798,  to  have  been  adopted  by  the  Constitutional  number  of 
States. 

The  twelfth  amendment  was  proposed  at  the  first  session  of  the  Eighth  Congress, 
12th  December,  1803,  and  was  adopted  by  the  Constitutional  number  of  States  in  1S04, 
according  u>  a  public  notice  thereof  by  the  Secretary  of  State,  dated  25th  Se|)tember 
of  the  same  year. 

The  thirteenth  Article  was  submitted  to  the  Legislatures  of  the  several  States,  there 
being  then  thirty-six  States,  by  a  resolution  of  Congress  passed  on  the  IstofFebru- 
ai-y,  1865,  at  the  second  session  of  the  Thirty-eighth  Congress,  and  was  ratified,  accord- 
ing to  a  proclamation  of  the  Secretary  ot  State  dated  December  18,  18()5. 

The  fourteenth  Article  was  submitted  to  the  Legislatures  of  the  several  States,  there 
being  then  thirty- seven  States,  by  a  resolution  of  Congress  passed  on  the  16th  of  June, 
1866,  at  the  first  session  of  the  Thirty-ninth  Congress,  and  was  ratified,  according  to  a 
proclamation  of  the  Secretary  of  State  dated  July  28,  1868. 

The  fifteenth  Article  was  submitted  to  the  Legislatures  of  the  several  States,  there 
being  then  thirty-seven  States,  by  a.  resolution  of  Congress  passed  on  the  27th  of  Feb- 
ruary, 1869,  at  the  first  session  of  the  Forty-first  Congress,  and  was  ratified,  according 
to  a  proclamation  of  the  Secretary  of  State  dated  March  oO,  1870.] 

10 


I 


TO  THE 

CONSTITUTION  OF  SOUTH  CAROLINA. 


ARTICLES. 

PAGE. 

Article     i. — Declaration  of  Rights 3 

2. — Legislative  Department 10 

3. — Executive  Department 20 

4. — Judicial  Department 25 

5. — Jurisprudence 33 

6. — Eminent  Domain 34 

7. — Impeachments 34 

8. — Right  of  Suffrage 35 

9, — Finance  and  Taxation 38 

10. — Education 41 

II. — Charitable  and  Penal  Institutions 44 

12. — Corporations 45 

13. — Militia 47 

14. — Miscellaneous 47 

15. — Amendment  and  Revision  of  the  Constitution  .    .  49 


GENERAL    INDEX. 

A. 

PAGE. 

Absence,  temporary,  no  forfeiture  of  residence 9 

Accused  persons,  rights  of,   in  criminal  prosecutions 5 

Acts  shall  relate  to  but  one  subject 16 

right    of    members    of     General    Assembly    to    protest 

against 17 

Adjutant  and  Inspector  General  to  be  chosen  by  electors. 5 2,  47 

rank  as  Brigadier  General  .  47 


2  INDEX  TO  CONSTITUTION  OF  SOUTH  CAROLINA.. 

PAGE. 

Agricultural  College  to  be  established 43 

lands  for  support  of 43 

to  be  a  branch  of  State  University  .    .    .  43 

Allegiance,  paramount 4 

Amendment  of  Constitution,  how  made 49 

Appropriation,  money  to  be  drawn  from  Treasury  only  by  ..  .  16 

Arbitration,  laws  to  be  passed  providing  for 33 

Army,  standing,  not  to  be  maintained  in  time  of  peace  ...  8 

Arms,   right  of  citizens  to  carry,  in  self-defense 8 

no  one  compelled  to  bear,  who  scruples 8 

Arrest,  imprisonment,  Szc,  conditioned 5 

warrant  of,  must  designate  person 7 

Assembly,  right  of,  by  people 4 

Assessment  of  real  estate  to  be  every  fifth  year. 39 

Attorney  General  elected  by  the  people 52,  31 

duties,  term  of  office,  cvic 31 

B. 

Bail,  right  of ,.    .  6 

Banks,  charters  may  be  granted  to,  on  conditions 46 

stockholders  liable  for  notes,  stock,  &c 46 

officers  of,  cannot  borrow  money  from 46 

books  aud  accounts  open  to  inspection '46 

Bill  of  attainder  shall  never  be  enacted 7 

Bills,  what  required  in  order  to  become  laws 16 

Bonds,  debts  contracted  by  the  State  to  be  by  loan  on.  ...  40 

amounts  of,   not  less  than  fifty  ciollars  each 40 

to  be  payable  within  twenty  years 40 

registry  of,  Treasurer  shall  keep  a 40 

C. 

Census  to  be  taken  every  ten  years 11,  12 

Charitable  institutions  to  be  fostered  by  the  State       44 

Charleston,  County  of,  allowed  two  Senators 13 

Circuits,  State  shall  be  divided  into 28 

Solicitor  for  each  to  be  elected  by  the  people  ....  31 

Cities  and  towns  shall  be  incorporated 40 

Civil  authority  to  govern  military  power 8 

Claims  against  the  State,  adjustment  of 48 

Commissions,  how  issued 24 


INDEX  TO  CONSTITUTION  OF  SOUTH  CAROLINA.  3 

PAGE. 

Comptroller  General  elected  by  the  people 52,  25 

Constitution,  certificate  of  adoption  of 2 

persons  exempted  from  provisions  of 37 

how  amended 49 

ratification  of 49 

amendments   to.    two  or  more  to  be   voted    on 

singly 49.  50 

Convention  to  amend,   how  called 50 

of  whom  to  consist  ...  50 

Conscience,  freedom  of 4 

Conscientious  scruples,  persons  having,  not  compelled  to  bear 

arms 8 

Constables    to  be  chosen  by  the  people  in  each  County  ...  29 

shall  reside  in  locality  where  elected 30 

compensation  of,   to  be  fixed  by  law 30 

Contracts,  obligation  of,  not  to  be  impaired  by  law 7 

for  the  purchase  of  slaves  declared  void 32 

Conviction  shall  not  work  corruption  of  blood 7 

Coroner   shall  be  elected  by  electors  of  each  County  ....  32 

residence  and  term  of. office  of 32 

disqualification  of 32 

Corporations,  Article  12 '.    .    .    .  45 

may  be  formed  under  general  laws 45 

shall  be  subject  to  taxation 45 

right  of  way  for  use  of,  to  be  paid  for 46 

compensation  for,  how  fixed  ...  46 

dues  from,  shall  be  secured 46 

responsibility  of  stockholders  of 46 

Corruption  of  blood,  conviction  shall  not  work 7 

Counties,   General  Assembly  shall    have   power   to    organize 

new II 

new,  size  of,  prescribed 11 

entitled  to  at  least  one  Representative  each  ....  12 

County,  each,  to  constitute  one  Election  District 11 

County  Commissioners  to  be  elected  by  the  people 29 

jurisdiction  of,  over  roads,  &c.  ...  29 

term  of  office 29 

compensation  of 30 

Court,  Supreme,  vested  with  judicial  power 25 

jurisdiction  of  ...  , 26 

Justices  of 25 


4  INDEX  TO  CONSTITUTION  OF  SOUTH  CAROLINA. 

PAGE. 
Court,  Supreme,  Justices  of,  may  preside  when  tlie  Governor  is 

impeached 35 

compensation  of 27 

term  of  office  of 25 

eligibility  of 27 

shall  be  conservators  of  the  peace  .  27 
concurrence  of  two,  necessary  to  a 

decision 28 

sessions  of,  time  and  place  of 26 

vacancies  in,  how  filled 27 

decisions  of,  publication  of,  to  be  provided 

for  by  law 32 

judgments  and  decrees  of 27 

Clerk  and  Reporter  of 27 

Circuit,  Judges  of,   to  be  elected  by  General  Assem- 
bly    28 

shall  reside  in  respective  Circuits  .  28 

interchange  Circuits  ....  28 

of  Common  Pleas,  jurisdiction  of 28 

in  matters  of  Ecpiity  .  28 

cases  of  divorce  .    .  28 

ex  delicto .  .    .  28 
may  issue  writs  of  mandamus,  scire 

facias,  &c 28 

to  be  held  twice  in  each  District  in 

each  year 28 

Clerk    of,    to   be   elected  in  each 

County 31 

shall   be   Clerk  of  other 

Courts  of  record  31 

attest  all  writs  .    .  32 

of  Equity,  expires  January  ist,  1869 28 

General  Sessions,  jurisdiction  of 29 

shall   sit    in    each    County    three 

times  in  each  year 29 

Probate,  shall  be  in  each  County 29 

jurisdiction  of 29 

Judge  of,  may  perform  duties  of  Clerk  ....  31 

to  be  elected  by  the  people 29 

Coqrtg,   rules,   practice,   pleadings  and  forms  shall  be  simpli- 
fied and  abridged t,^ 


INDEX  TO  CONSITTUTKJN  OF  SOUTH  CAROLINA.  5 

PAGE. 

Courts,  removal  of  causes  to 49 

publicity  of      6 

having  judicial  power 25 

Criminal  prosecutions,  rights  of  accused  in 5 

D. 

Deaf  and  dumb,  institutions  for,  to  be  fostered  by  the  State.  .  44 

Debt,  public.  State  may  contract 39 

creation  of,  forbidden  without  consent  of  peo- 
ple   51 

contracted  by  State  to  be  by  loan  on  bonds 40 

no   person   shall   be  imprisoned   for,    except   in  case  of 

fraud 6 

contracted  in  aid  of  the  rebellion,  shall  never  be  paid  .  41 

Declaration  of  Rights,  Article  i 3 

Destitute  persons.  Counties  shall  provide  for 45 

Distinction  on  account  of  race  or  color  prohibited 10 

Districts,  titles  of,  changed  to  Counties 11 

Divorce  not  to  be  allowed  but  by  judgment  of  Court.   ...  48 

Dueling,  punishment  for 9 

E. 

Education,  Article  10 • .    .  41 

supervision  of,  vested  in  State  Superintendent  .    .  41 

State  Superintendent  of,  elected  by  the  people  .    .  41 

powers,  duties,  &:c  .    .    .  41 

Board  of,  how  composed 41 

of  deaf,  dumb  and  blind 43 

Elected,  who  shall  be  declared 37 

Elections,  freedom  of 9 

biennial,  to  be  fixed  by  Legislature 54 

by  the  people,  to  be  by  ballot 35 

of  State  officers,  time  of 49 

of  Governor,  returns  of 20 

each  house  shall  judge  of,  of  its  members 14 

time  of  general,  changed ^i 

Elector,  no  person  to  hold  office  but  an 47 

Electors,  amendments  to  Constitution  to  be  submitted  to  .    .  49 

disqualification  of,   for  certain  crimes 55 

eligibility  of,  to  office 37 


6  INDEX  TO  CONSTITUTION  OF  SOUTH  CAROLINA. 

PAGE. 
Electors,  privileged   from   arrest,  except   for  treason,    felony, 

&c 37 

Presidential,  to  be  elected  by  the  people 37 

qualification  of 36 

registration   of,    to  be   provided  for  by  General  As- 
sembly    36 

residence  of,  not  lost  by  temporary  absence  ....  36 

United  States  soldiers  or  sailors  not 36 

Embezzlement  of  public  funds  punishable 41 

Enumeration  of  inhabitants  every  tenth  year 11,  12 

Equity,  Court  of  Common  Pleas  shall  have  jurisdiction  in  .    .  28 

shall  continue  until  January  ist,  1869  ...  28 

Estate,  forfeiture  of,  no  conviction  shall  work 7 

Escheated  land,  titles  to,  shall  vest  in  the  State 34 

Executive  Department,  Article  3 20 

officers    in,     to    give    information     to 

Governor 23 

£x  posf /ac/o  laws  prohibited 5 

F. 

Felony,  electors  not  privileged  from  arrest  for 37 

offenses   less   than,    to    be    tried    by^  Justices  of   the 

Peace 6 

Finance  and  Taxation,  Article  9 38 

Fines,  excessive,  shall  not  be  imposed 10 

Fiscal  year  to  commence  on  first  day  of  November 40 

Funds,  public.  General  Assembly  to  provide  for  safe  keeping 

of 40 

accurate  accounts  to   be  kept  of  receipts  and 

payments 41 

embezzlement  of,  to  be  felony 41 

G. 

General  Assembly,  Senate  and  House  of  Representatives  shall 

constitute 10 

shall  respect  the  right  of  trial  by  jury  .    .  5 

pass  laws  to  protect  religious  worship.  5 

secure  homesteads  ...  19 
allow  arbitrators  to  decide 

differences 33 


INDEX  TO  CONSTITUTION  OF  SOUTH  CAROLINA.  7 

PAGE. 

General  Assembly  shall  pass  laws  to  change  the  venue ;^^ 

ratify    14th   Article    amendment    to 

Constitution  of  U.  S 32 

assign  Representatives 11,  12 

provide  for  organization  of  militia.  .  47 
preservation  of  records  of 

Court  of  Equity.  .    .  28 

codification  of  laws.  ...  t,;^ 
publication     of     laws     of 

Supreme  Court  ...  32 
safe     keeping     of     public 

funds 40 

the   division  of  the    State 

into  School  Districts.  42 

a  system  of  Free  Schools.  .  42 

doors  of,  shall  be  open 17 

power  of,  to  suspend  laws 7 

Governor     to     change    place    of 

meeting  of. 14 

ought  meet  frequently  to  redress  grievances.  8 

time  and  place  of  meeting 14 

action  of,  on  vetoed  Acts  and  Resolutions.  .  24 
neither  house  of,  can  adjourn  for  a  period 
exceeding  three  days  without  consent 

of  the    other 17 

election  by,  to  be  vwa  voce 16 

may  subject  persons  to  martial  law  ....  8 

vacancies  in,  how  filled 17 

Governor  may  remove  officers  at  request  of 

two-thirds  of  members 35 

Governor  may  convene  and  adjourn  ...  23 

members  of,  eligibility  of 13 

term -of  office  of,  begins  ...  14 
free  from  arrest  during  attend- 
ance on 15 

may    protest    against   Acts   or 

Resolutions 17 

pay  of 16 

votes  of,  to  be  entered  on  Jour- 
nals   17 

ineligibility  of 17 

11 


8  INDEX  TO  CONSTITUTION  OF  SOUTH  CAROLINA. 

PAGE, 
General  Assembly,  members   of,    when  chosen  Governor,    to 

vacate  seat 22 

each  House,  Journals  of 17 

may  judge  of  election  of  mem- 
bers      14 

compel   attendance  of  ab-  • 

sent  members.  ...  14 
choose  its  own  officers.  .  .  14 
determine    rules    of    pro- 
ceeding    14 

l)unish  its  own  members  .  15 

other  persons  .    .  15 

Government,  departments  of,  distinct 8 

powers  of,  distributed  into  three  departments   .  8 

Governor,  supreme  executive  authority  vested  in 20 

how  elected  and  when  installed 20 

eligibility  of ...... 20 

contested  elections  for,  shall  be  determined  by  Gen- 
eral Assembly 21 

compensation  of 23 

duty  of,  in  relation  to  enumeration 12 

may  convene  and  adjourn  General  Assembly  ...  23 

commission  persons  to  act  as  Judges 26 

remove  officers 35 

power  of,  to  grant  reprieves  and  pardons 22 

to  approve  or  disapprove  Acts  and  Reso- 
lutions    24 

return   of  election  of,    how   and  to   whom   deliv- 
ered    20,  21 

residence  of 24 

shall  not  hold  any  other  office 20 

be  Commander-in-Chief  of  Militia 22 

liable  to  impeachment 35 

appoint  staff  officers 47 

Directors  of  benevolent  institutions  .  45 
Physician    and    officers    of    Lunatic 

Asylum 45 

commission  officers  of  the  State 23 

give  information  to  General  Assembly.  ...  23 

have  power  to  order  out  Militia ,47 

take  care  the  laws  are  executed 23 

oath  of  office 24 


INDEX  TO  CONSTITUTION  OF  SOUTH  CAROLINA.  9 

PAGE, 
Governor  shall  report   reprieves  and  pardons   to  General  As- 
sembly    22 

vacancy  in  office  of,  how  filled 22 

when  impeached,  who  may  preside 35 

H. 

Habeas  Corpus  suspended  only  in  rebellion  or  invasion  ...  6 

Homestead  exempt  from  sale  or  debt 6,  7 

attachment,  &c 19 

not  exempt  from  obligations  provided  by  Consti- 
tution    7 

amendment  to  Article  2,  Section  32,  relative  to  .  53 

I. 

Impeached,  officers,  suspended  until  judgment  be  pronounced  34 

*                 persons,  liable  to  punishment  by  law 35 

Impeachments,  Article  7 34 

House  of  Representatives  shall  have  sole  power 

of 34 

House  of  Representatives,  two-thirds  vote  of, 

required 34 

shall  be  tried  by  the  Senate,  under  oath  ...  35 

all  executive  and  judicial  officers  liable  to  .    .  35 
judgment  on,  to   extend  only  to  removal  from 

office 35 

Imprisonment  for  debt  only  in  OT.se  of  fraud 6 

Indictments  to  conclude  "against  the  peace  and  dignity  of  the 

State." 32 

Infirm,  Counties  shall  provide  for  the 45 

Inhabitants,  enumeration  of 45 

duties  of  Governor  in  regard  to  .    .  12 

Institutions,  for  deaf,  dumb  and  blind,  supported  by  the  State  43 

other  benevolent,  shall  be  supported  by  the  State  43 

charitable,  to  be  fostered  by  the  State 44 

Directors  of,  to  be  appointed  by  Governor  ...  45 

vacancies  in,  how  filled 45 


lo  INDEX  TO  CONSTITUTION  OF  SOUTH  CAROLINA. 

PAGE. 
J. 

Journal  to  be  kept  by  each  house  of  General  Assembly  ...  17 

Judges   shall  not  charge  juries  in  respect  to  matters  of  fact.  .  31 

may  state  testimony  and  declare  law 31 

of  Circuit  Court  shall  be  elected  by  General  Assembly  28 

*"       term  of  office  of 28 

shall  file  decisions,  when 29 

Probate  Court  shall  be  elected  by  the  people  ...  29 

term  of  office  of 29 

compensation 30 

jurisdiction  of 29 

Judicial  Department,  Article  4 25 

power  vested  in  Courts 25 

Jurisprudence,  Article  5 ;^;^ 

Jury,  trial  by,  shall  remain   inviolate 5 

grand,  dispensed  with  in  certain  cases 6. 

Justices  of  the  Peace,  jurisdiction  of 6,  30 

shall  be  chosen  by  qualified  electors  .  .  29 

reside  in  locality  where  chosen    .  30 

term  of  office  of 29 

may  sit  as  examining  Courts 30 

power  of,  to  issue  processes 30 

actions  to  be  brought  where  defendant 

resides 30 

right  of  appeal  from  decisions  of  .    .    .  30 

compensation  and  fees  of 30 

Supreme  Court,  two  of,  a  quorum 25 

election  of 25 

shall  file  decisions,  when  .    .  29 

term  of  office  of 25 

L. 

Lands,  title  to  escheated,  shall  vest  in  the  State 34 

which  fail,  to  revert  to  the  people 34 

all  in  the  State,  people  have  ultimate  property  in  .  .    .  34 

assessment  of,  every  fifth  year 39 

Laws,  style  of  all 15 

codification  of,  General  Assembly  shall  provide  for  .    .  ^;^ 

shall  be  made  every  tenth  year  ....  33 

ex  post  facto,  prohibited 5 


INDEX  TO  CONSTITUTION  OF  SOUTH  CAROLINA.  ii 

PAGE. 

Laws,  suspension  of 7 

martial 8 

Legislative  Department,  Article  2 10 

power  vested  in  Senate  and  House  of  Representa- 
tives    10 

Libels,  trials  for 4 

Library,  State,  subject  to  regulations  of  General  Assembly  .  .  48 

Lieutenant  Governor,  qualifications  and  how  chosen   ....  21 

vote  of,  in  the  Senate 22 

in   the  absence  of.  Senate  may  choose 

President  pro  fern 22 

compensation  of 22 

Lotteries  are  prohibited 48 

Lottery  tickets,  sale  of,  prohibited  ....        48 

Lunatic  Asyluiii,  Governor  to  appoint  Physician  of 45 

other  officers 45 

M. 

Martial  law,  persons  subject  to 8 

Mam/amus,  Court  of  Common  Pleas  may  issue  writs  of  .    .    .  28 

Supreme  Court  may  issue  writs  of. 26 

Majority  of  each  house  to  constitute  a  c^uorum.       14 

Matrimony,  divorce  from  bonds  of,  to  be  by  a  Court  ....  48 

Men,  equality  of  all 3 

Military  power  ought  to  be  governed  by  civil  authority.  ...  8 

Militia,  Article  13 47 

Governor  shall  be  Commander-in-Chief  of 22 

have  power  to  call  out 47 

may  appoint  staff  officers 47 

Adjutant  and  Inspector  General  of 47 

General  Assembly  to  provide  for  organization  of.  .    .  47 

to  consist  of  all  able-bodied  citizens 47 

persons  averse  to  bearing  arms  exempt  from  service 

in 47 

Miscellaneous,  Article  14 47 

Money  to  be  drawn  from  Treasury  only  by  appropriation.  .    .  40 

public,  statement  of,  to  be  published  with  laws  ...  40 

N. 

Navigable  waters,  freedom  of 10 

Nobility,  titles  of,  shall  not  be  granted 10 


12  INDEX  TO  CONSTITUTION  OF  SOUTH  CAROLINA. 

PAGE. 

o. 

Oath  of  office,  all  officers  shall  take i8 

Oconee,  County  of,  created ii 

Offense,  no  person  triable  twice  for  the  same 6 

less   than   felony  shall   be    tried   by    Justices    of    the 

Peace 6 

Office  shall  not  be  held  for  longer  than  good  behavior  ....  9 

eligibility  of  electors  to       37 

none  but  an  elector  shall  be  elected  or  appointed  to  .    .  47 
persons  who  deny  the  existence  of  the  Supreme  Being 

cannot  hold 48 

Officers  shall  be  removed  for  incapacity .18 

impeached,  suspended  until  judgment  be  pronounced.  34 

who  liable  to  impeachment 35 

to  be  removed  shall  have  a  hearing  in  self-defense  .    .  35 
handling  public   funds  to  keep  accounts  of  receipts 

and  payments  , 41 

to  give  security  for  performance  of  duties 41 

of  State,  time  of  election  of 49 

shall  enter  upon  duties  of  office,  when  ...  20 

P. 

Pardons,  power  of  Governor  to  grant 22 

Penitentiary,  Directors  of,  elected  or  appointed 44 

People  declared  to  have  ultimate  property  in  all    lands  of  the 

State 34 

lands  without  heirs  shall  revert  to 34 

right  of  the,  to  bear  arms 8 

Persons,  injured,  shall  have  remedy  by  law 6 

Petition  and  discussion,  right  of  the  people  to 4 

Pickens,  County  of,  divided 11 

"Toxaway  River"  substituted  for  "  White 

Water  River"  in  boundary  line  of  .  52 

Political  power  vested  in  the  people 4 

Poll  tax,  not  to  exceed  one  dollar,  application  of. 53,  38 

of  one  dollar  for  educational  purposes  ......  42 

but  one,  shall  ever  be  levied 42 

President  of  the  Senate,  Lieutenant-Governor  to  be 21 

may  be  chosen  by  the  Senate  ....  22 

Printing,  public,  to  be  by  contract 48 


INDEX  TO  CONSTITUTION  OF  SOUTH  CAROLINA.  13 

PAGE. 

Privileges,  all  persons  to  enjoy  equal 10 

no  person  shall  be  deprived  of,  except  by  law  ...  9 

Processes,  powers  of  Justices  of  the  Peace  to  issue 30 

to  be  in  the  name  of  the  State  of  South  Carolina  .  32 

Property,  private,  not  to  be  taken   without  compensation  .    .  7 

qualification  not  necessary 9 

assessment  and  taxation  of 38 

value  of,  to  be  ascertained  by  assessment  for  taxa- 
tion    19 

annual  tax  on,  for  support  of  schools 42 

woman's,   not  liable  for  debts  of  husband 48 

homestead  exemption  of  married 54 

Prosecutions  to  be  conducted  in  name  of  the  State 32 

Protest,  right  of  the  members  of  General  Assembly  to    .    .    .  17 

Public  debts,  State  may  contract 39 

creation  of,  prohibited  without   the  consent   of 

the  people.  ...    - 51 

annual  tax  to  pay  interest  on 39 

when  scrip  may  be  issued  for 40 

money,  statement  of,  to  be  published  with  laws  ...  40 

Punishment  conditioned. 5 

cruel,  shall  not  be  inflicted 10 

Q. 

Quorum,  majority  of  each  house  to  constitute 14 

Quo  zvarranto,  writs  of,  may  be  issued  by  Supreme  Court  .    .  26 

R. 

Rebellion,  debts  incurred  on  account  of,  shall  never  be  paid  .  41 

Registration  of  electors  shall  be  provided  for 36 

Religion,  no  form  of,  shall  be  established  by  law 5 

Religious  worship,  General  Assembly  shall  pass  laws  to  pro- 
tect    5 

sects  not  entitled  to  school  funds.  .    .    .43,  53 

Representation,  apportionment  of 9 

Representatives,  time  of  election  of. 51,  14 

biennial  elections  for,  to  be  fixed  by  Legisla- 
ture.   54 

assignment  of 12 

apportionment  of 11,  12 

to  take  effect 13 


14  INDEX  TO  CONSTITUTION  OF  SOUTH  CAROLINA. 

PAGE. 

Representatiyes,  House  of,  of  whom  composed ii 

bills   for   raising  revenue  to  origi- 
nate in 15 

shall  have  sole  power  of  impeach- 
ments    34 

Reprieves  and  pardons,  power  of  Governor  to  grant 22 

Resolutions  shall  relate  to  but  one  subject 16 

Residence,  temporary  absence  shqll  not  forfeit 9 

Revenue,  bills  for  raising,  shall  originate  in  the  House  ...  15 

Rights,  Declaration  of.  Article  i 3 

personal 5 

of  accused  persons 5 

reserved  by  the  people 10 

Rivers  declared  forever  free  to  citizens 34 

S. 

Scire  Facias,  Circuit  Courts  may  issue  writs  of 28 

School,  State  Normal,  shall  be  provided 43 

open     to     persons     who    wish    to    be 

teachers 43 

Reform,  for  juvenile  offenders 43 

fund,  how  constituted 44 

free  public.  General  Assembly  shall  provide  for  .    .    .  42 
sectarian  principles  sh&ll   not   be    taught 

in 43.  53 

to  be  kept  open  at  least  six  months  each 

year 42 

open  to  all  children 44 

children  must  attend  some 42 

Districts,  State  to  be  divided  into 42,  53 

Commissioners,  one  to  be  elected  in  each  County  .    .  41 

to  constitute  Board  of  Education  .    .  41 

tax  shall  be  levied  annually 42 

distributed  according  to  number    of  pu- 
pils    42 

Seal,  great,  of  the  State 23 

Search,  right  of 7 

Secretary  of  State  to  be  elected  by  the  people  .    : 25 

term   of  office,   duties  and    compensation 

of 52,  25 


i 


INDEX  TO  CONSTITUTION  OF  SOUTH  CAROLINA.  15 

PAGE. 

Seizures,  unreasonable,  prohibited 7 

Senate,  of  whom  composed 13 

shall  try  all  impeachments  under  oath 35 

members  of,  how  and  for  what  term  elected 13 

Senators  shall  be  divided  into  two  classes 13 

when  seats  of,  shall  be  vacated 13 

time  of  election  of 14 

two-thirds  vote  of  all,  necessary  to  impeach  ....  35 

Charleston  County  allowed  two 13 

Sheriff,  qualified  electors  of  each  County  to_^elect  a 32 

shall  reside  in  County  for  which  elected 32 

disqualification  of 32 

Slaves,  contracts  for  purcliase  of,  declared  void 32 

Slavery  prohibited 3 

Soldiers,  quartering  of 8 

Solicitor,  there  shall   be  one  for  each  Circuit 31 

election  of,  term  of  office,  and  compensation  ...  31 

Court  may  appoint  substitute  in  absence  of  ...    .  31 

Speech,  liberty  of 4 

Staff  officers.  Governor  may  appoint 47 

State  government,  departments  of,  distinct 8 

shall  remain  a  member  of  the  American  Union  ....  4 
claims   against.  General   Assembly   to   direct  manner  of 

adjusting 48 

Library  subject  to  regulations  of  General  Assembly.  .  .  48 

officers,  time  of  election  of. 49 

amendment  relative  to  term  of  office  of .  .    .    .  52 

Statutes  to  be  digested  every  tenth  year t^^ 

Stockholders,  responsibility  of,  to  be  fixed  by  law 46 

misrepresentations  by,  punishable 46 

Suffrage,  the  right  of,  shall  be  protected 9 

crimes  disqualifying  from 55 


Article  8 


35 


people  not  to  be  deprived  of,  except   for  crime.  ...     37 

for      non-payment      of 

poll  tax 42 

for    crime     committed 
while  a  slave  ...       37 
Supreme   Being,  no  person   wlio   denies   the  existence  of,  can 

hold  office 48 

12 


i6  INDEX  TO  CONSTITUTION  OF  SOUTH  CAROLINA. 

T. 

PAGE. 

Tax,  annual,  General  Assembly  shall  provide  for 38 

to  pay  interest  on  public  debt  ...  39,  51 

must  be  levied  in  pursuance  of  law 38 

power  of  cities,  Counties,  towns,  &c.,  to   collect.  ...  39 

shall  not  be  levied  without  consent  of  people 10 

poll,  amount  and  purpose  of 53,  38 

but  one,  shall  ever  be  levied 42 

for  educational  purposes 52,  42 

school,  to  be  levied  annually 42 

how  collected 42 

shall  be  paid  into  Treasury 42 

Taxation  and  Finance,  Article  9 38 

of  property 9 

corporations  subject  to       46 

Taxes  shall  be  laid  upon  actual  value  of  property 19 

Term  of  office  not  to  be  longer  than  for  good  behavior.'  ...  9 

of  Attorney  General 52,  31 

Comptroller  General 52,  25 

Clerk  and  Reporter  of  Supreme  Court..  .'  .  27 

Clerk  of  Court  of  Common  Pleas 31 

Coroners 32 

Constables 29 

County  Commissioners 29 

Circuit  Judges 28 

Governor 20 

Judge  of  Probate 29 

Justices  of  Supreme  Court 25 

the   Peace 29 

Lieutenant  Governor .    .  21 

Representatives 14 

Secretary  of  State 52,  25 

Senators 14 

Sheriffs 32 

Solicitors 31 

Treasurer 52,  25 

Titles  of  nobility  shall  not  be  granted 10 

Tolls  and  imposts  by  corporations  shall  be  limited 46 

Treasurer  shall  keep  a  registry  of  State  bonds 40 

be  elected  by  qualified  voters 52,  25 


i 


INDEX  TO  CONSTITUTION  OF  SOUTH  CAROLINA.  17 

PAGE. 
Treasury,  money  must  be  drawn  from,  in  pursuance  of  appro- 
priation  16,  40 

statement  of  receipts  and  expenditures  to  be   pub- 

lislied  annually 16 

Trial  by  jury  declared  inviolate 5 

U. 

Union,  this  State  shall  ever  remain  a  member  of  the  ....  4 

dissolution  of  the,  shall  be  resisted 4 

United   States,  persons  exempt   by  laws  of   the,  from   militia 

service 47 

University,  State,  to  be  provided   for 43 

Agricultural  College  to  be  branch  of  the.    .  43 

V. 

Vacancy  in  office  of  Governor,  how  filled 22 

General  Assembly,  how  filled 17,  18 

Directorships,  how  filled 45 

Supreme  Court,  how  filled 27 

Venue,  General  Assembly  shall  make  laws  for  the  change  of.  .  ;^2 

Warrants  for  arrest  must  be  issued  with  formalities  of  law  .    .  7 

Waters,  navigable,  freedom  of 10 

declared  forever  free 34 

Way,  right  of 7 

for  use  of  corporations  must  be  paid  for  ...    .  46 

Witnesses  shall  not  be  unreasonably  detained 10 

Woman's  property  not  liable  for  debts  of  husband 48 

homestead  exemption  of  married 54 

Writs  and   processes  to  be  in  name  of   the  State  of  South 

Carolina 32 

to  be  attested  by  Clerk  of  the  Court  which  issues  ...  32 


I  nsr  ID  El  X 

TO  THE 

CONSTITUTION  OF  THE  UNITED  STATES 


PAGE. 

Acts,  credit  to  public,  &c.,  of  every  State 72 

Adjournment  from  day  to  day 61 

time  of,  limited 62 

Admission  of  new  States 73 

Ambassadors,  President  shall  receive 70 

Amended,  Constitution,  how 73 

Appellate  jurisdiction  of  Supreme  Court 71 

Appointments,  State  Executive  to  make  temporary 60 

Apportionment  of   Representatives  and  direct  taxes  ...  59,  80 

Appropriation,  money  to  be  drawn  from  Treasury  only  by  .    .  66 

Arms,  right  to  keep  and  bear 75 

Arrest,  members  exempt  from 62 

B. 

Bills,  revenue,  House  of  Representatives  to  originate 62 

what  required  to  become  laws 62,  63 

of  attainder  shall  never  be  enacted 65 

passage  of,  in  case  of  veto 6^ 

not  returned  in  ten  days 63 

Bail,  excessive,  shall  not  be  reciuired 77 

C. 

Census 59 

Certain  debts,  &c.,  adopted 74 

Chief  Justice  to  preside  when  President  is  tried 60 

Citizens  of  each  State,  privileges  of. 72 

who  are 79 


2  INDEX  TO  CONSTITUTION  OF  THE  UNITED  STATES. 

PAGE. 

Civil  ofifices  forfeited  for  certain  crimes 70 

Claims  for  slaves  emancipated  invalid 81 

Commander-in-Chief  of  army  and  navy,  President  to  be  .    .  69 
Commercial   preference   to   ports   of  one   State  over  those  of 

another  prohibited 65 

Compensation  of  Senators  and  Representatives 62 

President 69 

Judges  of  United  States  Courts 71 

private  property  not  to  be  taken  without  ...  76 

Constitution,  how  amended 73 

supremacy  of,  treaties  and   laws   of  the  United 

States 74 

oath  to  support  the,  by  whom   taken 74 

what  ratification  shall  establish 74 

Congress,  time  of  assembling  of,  prescribed 61 

powers  of 63,   64,  65,   73,  81 

President  may  convene  and  adjourn 70 

may  direct  the  place  at  which  the   trial   of  crimes 

not  committed  within  any  State  shall  be  held  .  71 

Concurrent  order,  resolution  or  vote,  provision  as  to  ...    .  6^ 

Construction,  rule  of 77 

Crimes,  trial  of,  to  be  by  jury 71 

Criminal  prosecutions,  further  provisions  concerning  ....  76 

Credit  to  public  Acts,  &c.,  of  every  State 72 

D. 

Debt,  public,  validity  of 80 

of  rebellion  invalid 81 

Direct  taxes,  how  apportioned 59 

Disqualification  in  certain  cases   of  Senator  and   Representa- 
tive   '  62 

Duties  devolve  on  whom  in  case  of  removal,  death,  &c.,  of 

President 68 

Disabilities,  political 80 

removal  of 80 


Enumeration,  when,  shall  be  made 59 

Executive,  State,  to  make  temporary  appointments 60 

issue  writs  of  election 59 

power  vested  in  the  President 67 


INDEX  TO  CONSTITUTION  OF  THE  UNITED  STATES.  3 

PAGE. 

Elections,   times,   places  and  manner  of  holding,    how   pre- 
scribed    61 

Electors  of  President  and  Vice  President,  number  and  how 

appointed  .    .    .  ' 67 

Congress  to  determine  time  of  choosing 68. 

to  vote  on  same  day       68 

Ex  post  facto  laws  prohibited 65,  66 

F. 

Fines,  excessive,  shall  not  be  imposed 77 

Freedom  of  speech  or  of  the  press  not  to  be  abridged  ....  75 

Fugitives  from  justice  to  be  delivered  up 72 

G. 

Government,  republican  form  of,  guaranteed 73 

H. 

Habeas  Corpus  suspended  only  in  rebellion  or  invasion  ...  65 

House  of  Representatives,  how  and  by  whom  chosen 58 

to  originate  all  revenue  Bills  ...  62 

I. 

Impeachment,  power  of 56 

Senate  to  have  sole  power  to  try 60 

judgment  in  cases  of 60,  61 

Importation,  migration  or,  of  certain  persons,  provision  as  to  .  65 

Information,  President  to  communicate,  to  Congress  ....  70 

J. 

Journal  of  proceedings  to  be  kept 61 

Judicial  power,  in  whom  vested 70 

to  what  cases  it  extends 71,  77 

Judges  of  United  States  Courts,  compensation  of 71 

Jurisdiction,  original,  of  Supreme  Court 71 

appellate,  of  Supreme  Court 71 

Jury,  trial  of  crimes  to  be  by 71 

right  of  trial  by,  secured 77 

Justice,  fugitives  from,  to  be  delivered  up 72 


4  INDEX  TO  CONSTITUTION  OF  THE  UNITED  STATES. 

L. 

PAGE. 

Legislative  powers,  in  whom  vested 58 

Laws,  ex  post  facto,  prohibited 65,  66 

President  shall  take  care  the,  are  executed 70 

of  the  United  States,  supremacy  of 74 

M. 

Manner  of  choosing  President  and  Vice  President  ....  67,  78 
Members,  each  house  to  judge  of  the  elections,  returns  and 

qualifications  of  its  own 61 

power  to  punish  and  expel 61 

Migration  or  importation  of  certain  persons,  provision  as  to  .  65 

Money  to  be  drawn  from  Treasury  only  by  appropriation  .    .  66 

N. 

Nobility,  titles  of,  shall  not  be  granted 66 

Nomination  of  certain  officers 69 

O. 

Oath  of  office.  President  shall  take 69 

to  support  the  Constitution,  by  whom  taken 74 

Objects  of  the  Constitution 58 

Officers,  power  of  choosing 59 

of  the  Senate,  how  chosen 60 

not  to  receive  presents,  &c 66 

nomination  of  certain 69 

of  the  United  States,  President  to  commission  ...  70 

Offices,  civil,  forfeited  for  certain  crimes 70 

Original  jurisdiction  of  Supreme  Court .    ,  71 

P. 

Persons  held  to  service  having  escaped  to  be  delivered  up  .    .  72 

Petition,  right  to,  guaranteed 75 

Political  disabilities 80 

removal  of 80 

Powers,  legislative,  in  whom  vested 58 

of  choosing  officers 59 

Congress 63,  64,  65,   73,  81 


INDEX  TO  CONSTITUTION  OF  THE  UNITED  S^TATES.  5 

PAGE. 

Powers    of  Congress  over  territory  and  other  property  ...  73 

impeachment 59 

Senate  to  have  sole,  to  try  impeachments 60 

States  prohibited  from  the  exercise  of  certain.  ...  66 

to  punish  and  expel  members 61 

Executive,  vested  in  the  President 67 

reserved  to  States  or  people 77 

judicial,  to  what  it  extends 71,  77 

President  of  the  Senate,  right  of,  to  vote 60 

p}-o  tern.,  how  chosen 60 

is  tried.  Chief  Justice  to  preside  when 60 

and  Vice  President,  manner  of  choosing  .    .    .  .67,  78 

qualification  of 68 

in   case  of  removal,   death,  &c.,  of,  duties   to  de- 
volve on  whom 68 

compensation  of 69 

may  fill  vacancies,  when 70 

convene  and  adjourn  Congress 70 

vested  with  treaty  making  power,  with  advice   and 

consent  of  the  Senate 69 

shall  take  oath  of  office 69 

be  Commander-in-Chief  of  army  and   navy  .  69 
have  power  to  grant  reprieves  and  pardons  .  .  69 
receive   Ambassadors,  execute  laws  and   com- 
mission officers 70 

to  communicate  information  to  Congress 70 

Preamble 58 

Press,  freedom  of  the,  not  to  be  abridged 75 

Privileges  of  Senators  and  Representatives 62 

citizens  of  each  State       72,  79 

Proceedings,  rules  of,  determined 61 

journal  of,  to  be  kept 61 

Prosecutions,  trials  and  punishments,  provisions  concerning  .  76 

criminal,  further  provisions  concerning 76 

Property,  private,  not  to  be  taken  without  compensation  .    .  76 

.Public  debt,  validity  of So 

Punishment  of  treason 72 

cruel,  shall  not  be  inflicted 77 


13 


6  INDEX  TO  CONSTITUTION  OF  THE  UNITED  STATES. 

Q. 

PAGE. 

Qualifications  of  Representative 58 

Senator 60 

President 68 

each  house  to  judge  of,  of  its  own  members  .  61 

religious  test  never  to  be  required  as,  to  office  .  74 

Quorum,  how  constituted 61 

R. 

Race,  color  or  previous  condition,  right  to  vote  not  abridged 

by 81 

Rebellion,  debts  of,  invalid 81 

Representatives,  House  of,  how  and  by  whom  chosen  .  .    .    .  58 

qualifications  of 58 

how  apportioned 59,  80 

compensation  of. 62 

exempt  from  arrest 62 

disqualified  in  certain  cases 62 

Representation,  basis  of 80 

Revenue  Bills,  House  of  Representatives  to  originate  all  .  .    .  62 

Rules  of  proceedings  determined 61 

Reprieves  and  pardons.  President  to  grant 69 

Republican  form  of  government  guaranteed 73 

Religious  test  never  to  be  required  as  qualification  to  office.  .  74 

establishment  prohibited 75 

Ratification,  what,  shall  establish  Constitution 74 

S. 

Search  and  seizure,  right  of,  regulated 75 

Senate,  how  composed 59 

President  of,  right  of,  to  vote 60 

to  have  sole  power  to  try  impeachments  ........  60 

Senators,  how  and  by  whom  chosen 59 

classified 60 

compensation   of 62 

qualifications  of 60 

exempt  from  arrest 62 

disqualified  in  certain   cases 62 

Slavery  prohibited 79 


INDEX  TO  CONSTITUTION  OF  TMP:  UXITKI)  STATES.  7 

PAGE. 

Slaves  emancipated,  claims  for,  invalid 81 

Soldiers  not  to  be  quartered  in  any  house  without   consent   of 

owner 75 

State  Executive  to  make  temporary  appointments 60 

issue  writs  of  election 59 

prohibited  from  the  exercise  of  certain  powers  ....  66 

admission   of  new 73 

to  be  protected  against  domestic  violence 73 

powers  reserved  to 77 

Supreme  Court,  original  jurisdiction  of 71 

appellate  jurisdiction  of 71 

Service,  persons  held  to,  having  escaped  to  be  delivered  up  .  72 

Speech,  freedom  of,  not  to  be  abridged 75 

T. 

Taxes,  direct,  how  apportioned 59,  65 

or  duties  on  exports  from  any  State  prohibited   ....  65 
Tenure  of  office  of  Judges  of  Supreme  and  inferior  Courts  of 

the  United  States 7° 

Term  of  office  of  President 67 

Vice  President 67 

Titles  of  nobility  shall  not  be  granted 66 

Treaty  making  power   vested   in   the   President,  with   advice 

and  consent  of  the  Senate.  ., 69 

Trial  of  crimes  to  be  by  jury 71 

provisions  concerning 76 

by  jury,  right  of,  secured 77 

Treason   defined •  72 

proof  of 72 

punishment  of 72 

Territory  and  other  property.  Congress  to  have  power  over  .  73 

V. 

Vacancies,  how  to  be  filled -  59 

State  Executive  to  make  temporary  appointments 

to   fill 60 

when  President  may  fill 70 

Veto 62 

Vote,  Electors  to,  on  same  day 68 

right  to,  not  abridged  by  race,  color  or  previous  condi- 
tion    81 

Violence,  domestic,  States  to  be  protected  against 73 


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